ARDS AND NORTH BOROUGH COUNCIL

23 November 2017

Dear Sir/Madam

You are hereby invited to attend a meeting of the Ards and North Down Borough Council which will be held in the Council Chamber, Town Hall, The Castle, on Wednesday, 29 November 2017 commencing at 7.00pm.

Yours faithfully

Stephen Reid Chief Executive Ards and North Down Borough Council

A G E N D A

1. Prayer

2. Apologies

3. Declarations of Interest

4. Mayor’s Business

5. Mayor and Deputy Mayor Engagements for the Month (To be tabled)

6. Minutes of Meeting of Council dated 25 October 2017 (Copy attached)

7. Minutes of Committees (Copies attached)

7.1. Planning Committee dated 7th November 2017 7.2. Environment Committee dated 8th November 2017 7.3. Regeneration and Development Committee dated 9th November 2017 7.4. Corporate Services Committee dated 14th November 2017 7.5. Community and Wellbeing Committee dated 15th November 2017

Item 7.5.1 ***IN CONFIDENCE***

7.5.1 Matters Arising from Community and Wellbeing Minutes on the Naming of the replacement for Ards Leisure Centre (Copy attached)

8. Conferences, Invitations etc.

8.1. NAC Events 2018 (Correspondence attached) 8.2. Suicide Prevention Training, Adelphi House, University of Salford, Manchester (Correspondence attached)

9. Consultation Documents

9.1 Consultation on Proposed Ionising Radiation (Medical Exposure) Regulations (Northern ) 2018

9.2 Consultation on Strategic Framework for Imaging Services – Comments to be submitted no later than 22 December 2017 (Copy letter attached)

9.3 Department for Infrastructure – Consultation on Learning to Drive (Correspondence attached)

10. Transfers of Rights of Burial

11. Sealing Documents

12. Timetable for Meetings 2018 (Copy attached)

13. XN Leisure Software Visit to Warrington (Report attached)

14. Notices of Motion Status Report (Report attached)

15. Notices of Motion

15.1. Notice of Motion submitted by Councillor Walker

That this Council re-affirms its desire to engage in full with berth holders at our five Harbours and accordingly agrees to request that officers bring back an urgent report on the best way to facilitate a berth holder’s engagement group to ensure their concerns and ideas are fully considered and where possible they are consulted about future management and policy decisions.

15.2. Notice of Motion submitted by Councillor McIlveen

Given the paucity of charging points for electric vehicles particularly in the legacy Ards part of the Borough, that this Council brings a report identifying council sites in the Borough for the installation of electric car charging points and investigates possible funding streams for the installation. 15.3. Notice of Motion submitted by Alderman Girvan and Councillor Douglas

That this Council calls upon the Government and the Secretary of State for to bring forward legislation to extend the right to vote to everyone aged 16 or over, in time for the 2019 Local Government elections and for all future Assembly and Westminster elections and any referenda.

15.4 Notice of Motion submitted by Councillor Cooper

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“This council advocates the rescinding of all letters of comfort and royal pardons afforded to IRASF, and will write to the Secretary of State to introduce appropriate legislation to ensure the complete eradication of any legal impediment(s) to bring on the run and pardoned terrorists to trial forthwith.”

15.5 Notice of Motion submitted by Councillor Cooper

“That this Council advocates that all veterans of HM Forces, and RUC/PSNI, are given priority in housing and relocating over and above non UK Citizens or refugees arriving from abroad and will write to the NIHE, Secretary of State, and appropriate departments to urge their compliance”.

15.6 Notice of Motion submitted by Councillor Cooper

"That this council sets up a working group to oversee the harmonisation of all salaries and job responsibilities throughout all departments, (especially in recycling centres), and identifies and rectifies any discrepancy in policy(s) and pay scale differences across both legacy councils to bring them into line to ensure effective and smooth operational uniformity."

15.7 Notice of Motion submitted by Councillor Cooper

"This Council, noting the existing lavish provision for interests, opposes any attempt, under any legislative guise, to make Irish an official language in Northern Ireland or to require it to be treated on a par with English, either in council or elsewhere, believing such would create massive public expenditure, and a clear disadvantage to the non Irish speaking majority and prove needlessly divisive across the community".

15.8 Notice of Motion submitted by Councillor Cooper

“That this council supports the introduction of sign language being taught in our primary schools as part of the curriculum, and will write to the education authority and south eastern education board to urge their compliance in this regard to improve the lives of the many with impaired hearing across our borough.” 15.9 Notice of Motion submitted by Councillor Smith

Given ongoing concerns with traffic around Primary and following an accident outside the school recently, this Council writes to the following:

Transport NI to see what traffic management/traffic calming measures can be introduced to ensure children are able to access their school as safely as possible. Education Authority: Calling on them to introduce more crossing patrols. There are 3 busy roads and 3 separate gates to the school but only one has a patrol at the moment.

The PSNI: To increase their present around the school to ensure motorists drive with due care and attention and to actively manage any traffic issues that could potentially be dangerous.

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15.10. Notice of Motion submitted by Councillor Smart

Ards and North Down’s Big Conversation, and the review of the statistical evidence base, identified mental health as being a growing area of concern affecting more and more people across our Borough. In order to ensure that ‘All people in Ards and North Down enjoy good health and wellbeing’ as per outcome 2 of the Big Plan, we ask the community planning team to liaise with statutory/voluntary partners and relevant others to identify; (1) Current provision of mental health & suicide prevention services available to residents of the borough. (2) Identify potential gaps in local provision of mental health & suicide prevention services. (3) Create a contact list and availability schedule for mental health & suicide prevention services available to residents of the borough.

15.11 Notice of Motion submitted by Councillor Cummings

That this Council seeks a report looking at the costs associated with upgrading the existing floodlights which illuminate the Statue of Sir Rolo Gillespie in the Square, , and considers their replacement with energy efficient LED lights with colour changing options, and furthermore seeks consent from Historic Monuments Branch, Department of Communities to undertake maintenance and cleaning of said statue.

15.12 Notice of Motion submitted by Councillor McIlveen

That this Council recognises the problems being caused to residents by drivers parking their cars in residential areas in the centre of in order to avail of public transport and agrees to write to the Department of Infrastructure and Translink requesting that they explore possible sites for a “park and ride” which could ultimately become part of an extended Rapid Transport – Glider Network.

15.13 Notice of Motion submitted by Councillor McIlveen

That officers consider ways in which the sight lines at the Gas Works car park, Mill Street, Newtownards can be improved.

15.14 Notice of Motion submitted by Councillor McIlveen

That this Council writes to the Transport NI to request that double yellow lines are considered for the entrance to Londonderry Park and, given the high usage at peak time, requests that officers look at nearby Council-owned sites as potential overflow car parks.

ITEM 16 *** IN CONFIDENCE ***

16. Loo of the Year Awards (Report attached)

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Circulated for Information

(a) Letter from Martin Dillon CEO Belfast Health and Social Care Trust – 2017/18 Financial Savings Plan Proposals (Correspondence attached) (b) Transport NI – Disabled Persons Parking Places on Roads – Warren Road, Donaghadee (Correspondence attached) (c) Transport NI – John Street Lane, Newtownards (Correspondence attached) (d) Transport NI – Holborn Avenue, Bangor (Correspondence attached) (e) Transport NI – Warren Road, Donaghadee (Correspondence attached) (f) Office of Rail and Road – The Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) Regulations (Correspondence attached) (g) Labour Relations Agency – Annual Report and Accounts 2016-17 (Correspondence attached) (h) Letter from Mark Stranaghan, Water and Drainage Policy Division, Department for Infrastructure (Correspondence attached) (i) Chief Executive’s Forum – Annual Report 2016/2017 (Copy attached) (j) Commissioner for Public Appointments 2016/17 (Copy attached) (k) Personal and Public Involvement (PPI) Sub-Committee (Copy attached) (l) Letter from HL Bradley, Department for Infrastructure – Controlled Crossing at (Correspondence attached)

MEMBERSHIP OF ARDS AND NORTH DOWN BOROUGH COUNCIL

Alderman Carson Councillor Dunne Alderman Fletcher Councillor Douglas Alderman Gibson Councillor Edmund Alderman Girvan Councillor Ferguson Alderman Graham Councillor Gilmour Alderman Henry Councillor Kennedy Alderman Irvine Councillor Leslie Alderman Keery Councillor Martin Alderman McDowell Councillor McAlpine Alderman Smith Councillor McClean Councillor Adair (Mayor) Councillor McIlveen Councillor Allen Councillor Menagh Councillor Armstrong-Cotter Councillor Muir Councillor Barry Councillor Robinson Councillor Boyle Councillor Smart Councillor Brooks Councillor T Smith Councillor Cathcart Councillor Thompson Councillor Chambers Councillor Walker (Deputy Mayor) Councillor Cooper Councillor Wilson Councillor Cummings Councillor Woods

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ITEM 6

ARDS AND NORTH DOWN BOROUGH COUNCIL

A meeting of the Ards and North Down Borough Council was held in the Town Hall, The Castle, Bangor on Wednesday, 25 October 2017 commencing at 7.00pm.

PRESENT:

In the Chair: The Mayor (Councillor Adair)

Aldermen: Carson Irvine Gibson Keery Girvan McDowell Graham Smith Henry Councillors: Armstrong-Cotter Martin Barry McAlpine Boyle McClean Brooks McIlveen Cathcart Menagh Chambers Muir Cummings Robinson Dunne Smart Douglas T Smith Edmund Thompson Gilmour Wilson Kennedy Woods

Officers: Director of Organisational Development and Administration (W Monson), Director of Community and Wellbeing (G Bannister), Director of Environment (D Lindsay), Director of Regeneration, Development and Planning (S McCullough), Interim Director of Finance and Performance (J Pentland) Democratic Services Manager (J Wilson) and Democratic Services Officer (E Brown)

1. PRAYER

The Mayor (Councillor Adair) welcomed everyone to the meeting and commenced the meeting by reading a passage of scripture and the Council prayer.

NOTED.

2. APOLOGIES

Apologies were received from Alderman Fletcher and Councillors Allen, Cooper, Ferguson and Leslie. An apology was also received from the Deputy Mayor (Councillor Walker) who was attending a Mayoral engagement.

NOTED. C.25.10.17PM

3. DECLARATIONS OF INTEREST

The Mayor asked for any declarations of interest.

Councillor McAlpine declared an interest in Item 20 - Secondment Arrangement for Portaferry Regeneration Group and Other Secondments to Council from the Assembly.

NOTED.

4. MAYOR’S BUSINESS

5. MAYOR AND DEPUTY MAYOR ENGAGEMENTS FOR THE MONTH

PREVIOUSLY CIRCULATED:- Copy of the Mayor and Deputy Mayor Engagements for the month of October 2017.

The Mayor provided members with an overview of his engagements during the month of October and expressed his thanks to the Deputy Mayor for his assistance. He remarked that it had been a busy and rewarding month.

At this stage he highlighted to Members the Remembrance Services that were due to be held and advised that a sheet was being circulated round the Chamber detailing each service. He requested that Members indicate on the sheet their intention to attend.

Continuing, the Mayor reported that he and the Deputy Mayor between them had attended over 83 engagements throughout the Borough including:

 Ravara Daycare Centre – which he had attended along with Alderman Keery and Councillor Edmund  60th Anniversary Presentation of the 2017 Best Kept City, Towns, Villages and Housing Area Awards at Belfast City Hall – he congratulated Village for its award and he noted that a young girl of 9 years of age had volunteered her time in helping make Groomsport a better place  Launch of the Music Festival 2017 at the Royal Belfast Golf Club  Photo Shoot with Local Egg Producer at Springmount Farm,  Hillmount Garden Centre – Official Launch – Newtownards  Mayoral Reception for 60th Anniversary for Women’s Institute with Members of Ballyblack WI  Mayoral Reception for Ards Billiards Group – it was the second oldest club in the world and they were celebrating its 120th Anniversary  Launch Service for the 24-7 Community Prayer Week for Ards & North Down

The Mayor took the opportunity to pass on his best wishes to Alderman Fletcher and Councillor Cooper who had both recently had bouts of ill health. His thoughts and prayers were with them for a speedy recovery.

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He advised that Alderman Gibson and Councillor Thompson had both celebrated special birthdays recently and he wished them both a Happy Birthday.

He also congratulated Alderman Smith who was celebrating a special wedding anniversary.

NOTED.

6. MINUTES OF COUNCIL MEETING HELD ON 27 SEPTEMBER 2017

PREVIOUSLY CIRCULATED: - Copy of the above minutes.

RESOLVED, on the proposal of Alderman Graham, seconded by Alderman Irvine, that the minutes be agreed as a correct record.

7. MINUTES OF COMMITTEES

7.1 Audit Committee dated 25 September 2017

PREVIOUSLY CIRCULATED:- Copy of the above minutes.

RESOLVED, on the proposal of Alderman Gibson, seconded by Councillor Muir, that the minutes be adopted.

7.2 Planning Committee dated 3 October 2017

PREVIOUSLY CIRCULATED:- Copy of the above minutes.

RESOLVED, on the proposal of Alderman Graham, seconded by Alderman Keery, that the minutes be adopted.

7.3 Environment Committee dated 4 October 2017

PREVIOUSLY CIRCULATED:- Copy of the above minutes.

Item 15 – Page 28 – HRC Access Permit System: In raising this item, Alderman Irvine sought clarity on the level on consultation carried out with users and how the new system would be implemented.

(Councillor Muir left the meeting at this stage – 7.11pm)

The Director of Environment clarified that the system did not represent a change of rules for HRC access and in that context, it was purely a new administrative way of applying the rules that had been agreed the previous year. They had planned to wait until the new year to implement the new system and therefore there was ample time to notify users of the new measures.

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RESOLVED, on the proposal of Councillor Martin, seconded by Councillor Douglas, that the minutes be adopted.

7.4 Regeneration and Development Committee dated 5 October 2017

PREVIOUSLY CIRCULATED:- Copy of the above minutes.

Item 8 – Page 13 – Women in Business Awards 2017: In raising this item, Councillor Gilmour sought clarity on when the finalists from the Ards and North Down area would be known.

The Director of Regeneration and Development advised that the finalists should be known by 1 November 2017 and Members would be advised of same as soon as possible after that.

RESOLVED, on the proposal of Councillor Cummings, seconded by Councillor Woods, that the minutes be adopted.

(Councillor Muir returned to the meeting at this stage – 7.12pm)

(Councillor McAlpine declared an interest and left the meeting at this stage 7.12pm)

7.5 Special Planning Committee dated 10 October 2017

PREVIOUSLY CIRCULATED:- Copy of the above minutes.

RESOLVED, on the proposal of Councillor Barry, seconded by Councillor McIlveen, that the minutes be adopted.

(Councillor McAlpine returned to the meeting at this stage – 7.13pm)

7.6 Corporate Services Committee dated 10 October 2017

PREVIOUSLY CIRCULATED:- Copy of the above minutes.

Item 3.1 – Page 2 – NIHE Deputation: In raising this item, Alderman Girvan proposed an amendment, seconded by Councillor McAlpine.

She stated that there was a mistake in respect of the percentage of people aged over 65 in the population which had been recorded as 2.5%. She asked that it be amended to an increase of 2.7% as stated in the Housing Investment Plan.

AGREED.

Item 18 – Page 28 – Report of CPPB Meetings: In raising this item, Councillor Chambers referred to the playpark provision in Linear Park.

At this stage, the Mayor highlighted that this matter had been discussed in Committee and as such he directed the Councillor to raise it again at that section of the Council meeting.

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Councillor Muir commented that he wished to raise Item 24 which had also been ‘in confidence’ and the Mayor advised that would also be dealt with in Committee.

RESOLVED, on the proposal of Alderman Girvan, seconded by Alderman Gibson, that the minutes be adopted subject to the above amendments.

7.7 Community and Wellbeing Committee dated 11 October 2017

PREVIOUSLY CIRCULATED:- Copy of the above minutes.

Councillor Douglas proposed, seconded by Councillor Woods, that the minutes be adopted.

Page 1 – Attendance: Councillor Robinson advised that she had not been recorded as present at the meeting and she asked that this be recorded.

AGREED.

Item 15 – Page 28 – Holywood Banners: In raising this item, Councillor Douglas proposed an amendment, seconded by Councillor Muir.

Councillor Douglas referred to her comments in the third paragraph and she advised the following comment had been omitted from the minutes. ‘Councillor Douglas noted that there had been a press report in the Belfast Newsletter on 23 October 2007 which had reported that "The UDA has begun using the name 'Ulster Defence Union' (UDU) which it has previously said it planned to use when officially standing down as a paramilitary organisation.” She asked that this be included in the minutes.

Item 12 – Page 23 – Good Relations Cultural Expressions Programme: In raising this item, Councillor Alpine requested that the following sentence be inserted after ‘domestic violence’; that ‘The incident (in relation) was an abuse of power.’

Councillor McIlveen rose to state that this was not a time to re-write minutes and the minutes were not a verbatim record of the meeting and he believed it was inappropriate to go through this process.

The Mayor agreed with that comment and reiterated that the minutes were not Hansard or verbatim. He asked that the notes detailing the amendments be handed to Democratic Services.

Whilst acknowledging Councillor McIlveen’s comments, Councillor Douglas stressed that some points were crucial to include in the minutes and therefore it was important that they be added.

Alderman Graham pointed out that only matters of accuracy had been requested. He acknowledged that if the minutes were inaccurate or the voting had not been correctly recorded, for example, that would be acceptable to raise. Agreeing with those comments, Councillor Martin stated that Democratic Services Officers sat for several hours without a break, doing their best to record what was

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C.25.10.17PM said at meetings. He commended those Officers for their work in what was sometimes a difficult environment and when also working alone. He reiterated that the minutes were meant to be a flavour of the meeting and he concurred that expecting more was nonsensical.

The Mayor concurred with those comments and added that during his time as Mayor he had a greater understanding of the work done by Democratic Services.

Item 8 – Page 14 – Update on Harmonisation for Pricing for Bowls: In raising this item, Councillor Muir proposed an amendment, seconded by Councillor Douglas.

Councillor Muir stated that the paragraph, “Councillor Muir referred to the consultation which had taken place with the Bowling Clubs over the past 12 months and they had been assured that consultation was taking place with an open view. Moves were being made to make the system of charging equitable and consistent across the Borough” should read “Councillor Muir sought assurance that consultation was taking place with an open view. This was confirmed with the officer stating that moves were being made to make the system of charging equitable and consistent across the Borough.”

AGREED.

Item 15 – Pages 27-28 – Holywood Banners: In raising this item, Councillor Muir proposed an amendment, seconded by Councillor Douglas.

Councillor Muir stated that the paragraph, “Councillor Muir in offering clarity believed that the organisations had not given permission for them to be there. The banners were of the Ulster Defence Union and the North Down First Flute. The cause for concern was that some saw them as implying support for prescribed organisations” should read “Councillor Muir in offering clarity believed that the organisations had not given permission for them to be there. The banners were the North Down First Flute. The cause for concern was that some saw some banners as implying support for prescribed organisations.”

AGREED.

At this stage in the meeting, attention returned to the earlier amendment raised by Councillor Douglas in respect of Holywood Banners, as it had not yet been agreed.

Councillor Kennedy did not regard the matter as an issue of accuracy and he stated that Councillor Douglas had not supplied the amendment in writing.

The Mayor stated that as there was dissension in the Chamber a vote would have to be taken.

Councillor Armstrong-Cotter raised a point of order, stating that surely only those Members who were present at the Community and Wellbeing Committee meeting should be permitted to vote, rather than having a block vote of all those in the Chamber.

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Councillor Muir queried Standing Order’s position on the matter. The Mayor advised that Standing Orders were silent however, he wished to proceed with the vote and only those present at the Committee meeting were permitted to vote. The Director of Organisational Development and Administration clarified that the Members present at the Committee meeting had been as follows:

Aldermen Irvine Smith

Councillors Adair McAlpine Boyle Menagh Brooks Muir Douglas Smart Edmund Thompson Kennedy Woods Martin

Alderman Smith commented that whilst she had been present at the meeting she had left prior to the debate on that item.

Councillor Robinson stated that she was also present at the meeting but was not a Member of the Committee.

Councillor Menagh commented that at one of the early meetings of the new Council, the Mayor had purported that Councillor Menagh had said something that he had not, and yet the minutes had been amended.

On the amendment being put to the meeting, with 6 voting FOR, 7 voting AGAINST, 1 ABSTENTION and 1 ABSENT, the motion FELL.

The vote resulted as follows:

FOR (6) AGAINST (7) ABSTAINING (1) ABSENT (1) Councillors Alderman Councillor Alderman Boyle Irvine Brooks Smith Douglas Councillor McAlpine Adair Muir Edmund Smart Kennedy Woods Martin Menagh Thompson

Item 11 – Page 17 – Executive Office Programme on Tackling Paramilitary Activity, Criminality and Organised Crime: In raising this item, Councillor Barry wished to propose an amendment, seconded by Councillor Woods.

The amendment stated that ‘we as a Council write to Cooperation Ireland as the Strategic Partner to deliver this Action Plan and ask that they consider drawing up guidelines for helping local politicians making judgements about working with groups

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C.25.10.17PM and individuals who are within these communities in transition. This would be an important element under the Action Plans proposal for Building Capacity to Support Transition, a central element of which is to enable and empower communities to stand up to paramilitary coercive control and fear.’

Councillor Barry spoke to his amendment at length and expressed the view that the issue was not necessarily paramilitarism, or those with paramilitary pasts. There were many former combatants who had and were doing good in local communities, and from his experience he had often found some of those ex-combatants to be some of the most positive and innovative thinkers on building a better future. It was therefore regrettable that some local politicians, as outlined in a recent BBC Spotlight programme, had failed to exercise that judgement in attending a UDA meeting in one of the Council’s halls.

He acknowledged this was a complex issue and a morally grey area for those, including himself, who were willing to work with and listen to former combatants. He respected and understood those politicians who would have nothing to do with anyone or any organisation with any paramilitary link or past. They, as politicians and a Council, had to show some leadership on the matter.

Councillor Muir raised a point of order and referred to Standing Order 16 [1] Minutes of Committees and 20.1 [1] Rules of Debate – Motions and amendments to be reduced to writing and seconded. He queried if that was being upheld.

Councillor Barry presented his amendment in writing on his IPad to the Director of Organisational Development and Administration who read it out again for the benefit of Members.

At this stage in the meeting Councillor Barry requested a recorded vote.

At this stage of the meeting a lengthy debate ensued.

Alderman Graham expression confusion about what the amendment was about as it appeared to be based on supposition, vagueness and innuendo. There was no evidence to link any Member of the Council to those who were engaged in paramilitary activity. He stated they did not need a lecture from Cooperation Ireland about how to deal with paramilitaries.

Councillor Martin was also unclear about what the amendment was and stated it should probably should have been put forward as a Notice of Motion. He stated that the press had reported that in 2015 the Green Party had called for ISIS and Al Qaeda to be allowed to organise in the UK and people should be allowed to join them. He continued that, during the same interview, the Green Party leader had suggested that a basic citizen’s income should be allowed in the UK which would cost £280 billion which was about half of the UKs GDP and double what was spent on health at that time. In concluding he stated he did not understand what the motion was and he was not prepared to support a motion from a party that suggested that Al Qaeda and ISIS should be allowed to organise in the UK.

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Councillor McIlveen stated he was taken aback by what the motion purported to be and the speech that backed it up. The basis on which Councillor Barry made his allegation was from someone who remained anonymous and who actually purported to be a member of the UDA, which seemed strange that he was prepared to take the word of that particular individuation rather than the word of a Member of the Chamber. He believed that spoke volumes about the stunt that this Motion was and as such he did not support it.

Councillor Muir expressed the understanding that Cooperation Ireland had been appointed to undertake that work but the detail was currently unclear as it was a work in progress while things developed. He understood the rationale behind why Councillor Barry proposed the amendment and the need to provide that guidance but he was not convinced that it was Cooperation Ireland’s role to provide that guidance.

Councillor McClean stated that he had heard a long-winded Amendment but he did not hear any serious allegation about any particular Member. He noted that he could not come from a more different background to Councillor Barry but he found himself in the odd position of to some degree steering the ship of common sense back to see if he had a point in his Amendment. He referred to the allegations referred to on television however he did not believe anyone in the Chamber had done anything illegal. Councillor Barry was simply saying that there was a perception that some Members were not acting as they should be and perhaps they might take guidance so that there was no question they were acting above reproach.

Councillor Armstrong-Cotter stated she genuinely did not have a notion about what was being referred to in the Amendment as she had been away on holiday and therefore she was approaching it with an unbiased view. She was looking to see what the point was; was it that they were unable to make judgements or that their judgements did not meet up with the Green Party via Councillor Barry? She referred to Matthew 7 which warned against judging others so as not to be judged and that a person would be judged in the same manner they judged others. She noted that some of the best community work was done by those who were ex-combatants, going into areas that many of them would not go into, and who had been at their lowest point and regretted their lowest point and who wished to make a difference. They were now at the stage of looking at how did they judge how far they removed they were from paramilitarsm and what counted as paramilitarism e.g. was it flying a flag, and did Cooperation Ireland stand in a place where it could tell them this. She believed it did not. It was no-one else’s concern to determine who a Member could meet with and neither was it the concern of Cooperation Ireland.

On the amendment being put to the meeting, with 5 voting FOR, 19 voting AGAINST, 10 ABSTENTIONS and 6 ABSENT, the motion FELL.

The vote resulted as follows:

FOR (5) AGAINST (19) ABSTAINING (10) ABSENT (6) Councillors Aldermen Aldermen Alderman Barry Gibson Carson Fletcher Boyle Graham Girvan Councillors McClean Irvine Henry Allen

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Robinson Keery McDowell Cooper Woods Councillors Smith Ferguson Adair Councillors Leslie Armstrong-Cotter Douglas Walker Brooks McAlpine Cathcart Muir Chambers Smart Cummings Wilson Dunne Edmund Gilmour Kennedy Martin McIlveen Menagh Smith Thompson

(Councillor Menagh declared an interest and left the meeting at this stage – 7.58pm)

Item 16 – Page 31 – Good Relations Grant Funding 2017-2018: In raising this item, Councillor Boyle queried whether there was an appeals mechanism in place for applicants who were unsuccessful in the first instance. He also asked if an appeal was successful could the awarded funding be taken from the unspent balance.

In response the Director of Community and Wellbeing confirmed that there was an appeals process in place and if an appeal was successful the funding would be awarded from whatever source was available.

Councillor Boyle expressed concern that in the past by the time applications had gone through the appeals mechanism and been awarded funding there was no funding available.

The Director confirmed that if an appeal was successful the applicant would be awarded the amount applied for.

Councillor Boyle sought assurance that there would be funding available for successful appeals and the Director confirmed that there would.

(Councillor Douglas left the meeting at this stage – 8.01pm)

Item 10 – Page 17 – Ballyholme Yacht Club: In raising this item, Alderman Girvan queried how funding could be provided and she sought an indication of the timescale involved as the matter was quite urgent.

In response, the Director of Community and Wellbeing advised that the Council’s Sports Development Officer would be meeting with the Club in the near future to discuss the potential funding streams. Furthermore, once funding had been awarded the study could commence immediately.

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Alderman Girvan commented that during her time as Mayor she had visited Ballyholme Yacht Club. She noted that it was successful at bringing people into the Borough.

(Councillors Menagh and Douglas returned to the meeting at this stage – 8.02pm)

Continuing, she stressed she did not want the Club to miss the window for funding and she asked that the matter be given some urgency.

The Director of Community and Wellbeing responded that it was viewed as a potential scheme, however funding could not be awarded on a whim. He referred to the interlinking regeneration opportunities that the Council was already supporting, in particular the development of the Coastal Masterplan for Bangor which the Club’s project could be incorporated into.

(Alderman Henry left the meeting at this stage – 8.03pm)

Councillor Robinson rose in support of Alderman Girvan’s comments, highlighting that disadvantaged schools and groups could avail of the facilities at the Club, and it also served to bring people together.

Item 12 – Page 18-24 – Good Relations Cultural Expression Programme 2017-2018: In raising this item, Councillor Muir wished to propose an amendment, seconded by Councillor Douglas that:

‘Councillors note the report and condemn the burning of flags, emblems, election posters and effigies on bonfires.’

(Alderman Henry returned to the meeting at this stage – 8.05pm)

Councillor Muir voiced that he had been disappointed that the amendment was a tied vote at the Committee and he hoped Members would have reflected since then and that there would be a different outcome that night.

(Alderman Graham left the meeting at this stage – 8.06pm)

In the first instance, he wanted to say that respect for cultural expressions and bonfires was right, and it was something he often attended as a child. However, this was not about cultural expressions or bonfires but about being clear as a Council when people engaged in what was in effect hate crimes.

(Alderman Graham returned to the meeting at this stage – 8.07pm)

That year had seen poppy wreaths, posters, flags, religious symbols and effigies, including of one of their own elected Members, burnt on bonfires. Whether they be Nationalist or Loyalist bonfires, all was wrong. People looked to them to provide leadership on the matter. They could not on one hand utter words of condemnation but then refuse to vote and be counted as against. Therefore, he urged Members to support the amendment.

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Rising in support, Councillor Douglas expressed her disappointment at the voting result at the Committee meeting, as she believed that some Members had stood back and had not shown political leadership.

(Alderman Keery returned the meeting at this stage – 8.08pm)

Also rising in support, Councillor Boyle stated that, as legacy Ards Members would recall, no-one had supported the bonfire programme more than him and it was his intention to continue that support. He noted he had been heartened by Members’ comments that condemned those actions at the Committee meeting; it had been encouraging and comforting. However, he also felt the matter had gone round in circles which was disappointing as it said to him, whilst the Members were with him they were not going to condemn it happening again; there had been no moves to implement something to prevent it happening again. He believed as a Council, leadership was a word that could disappear very quickly and therefore they should all work together to ensure such a thing did not happen again. He was asking those who spoke to consider the message being sent out.

At this stage in the meeting a lengthy debate ensued.

Councillor Kennedy condemned those responsible for the effigy, however he was not happy about the suggestion of a lack of sincerity. He stated that the report at the Committee had been positive and had relayed the findings of the PSNI and other outside agencies, and yet the Alliance Party would not even note the report. He supported the continued work with local groups to ensure that this horrendous incident was not repeated.

Alderman Girvan stressed that it was one of the Council Members that was under attack and that should not be allowed to happen again.

Alderman Girvan requested a recorded vote.

Councillor McAlpine stated they could not say that the programme was successful. She noted that notices of motion often created difficulties for officers whereas this motion was giving officers guidance.

(Councillor Edmund left the meeting at this stage – 8.18pm)

(Alderman Keery and Councillor Edmund returned to the meeting at this stage – 8.19pm)

Councillor McIlveen agreed that such behaviour was wrong, however he noted they had no control over what others did, and he stressed that this had been an isolated incident. He noted that Councillor Boyle had indicated this was the first time an effigy had been made of him. He warned against the danger of micro-managing and whilst he agreed what happened was wrong he did not believe the motion was the right way to deal with it.

Councillor Barry could see many parallels with his motion and the de- paramilitarisation of bonfires; and bringing them back to being a family event. He did

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C.25.10.17PM not believe it was anti-unionist call and cautioned that was inflammatory talk. He stated they had to make a judgement call not an anti-unionist call.

Alderman Henry took on board Councillor McIlveen’s comments and he concurred that they had to work from the ground up. He regretted to hear what had happened to Councillor Boyle and stressed that no-one condoned the actions, however he could not support the motion.

Councillor Martin echoed Members’ sentiments. He stated that the Good Relations Cultural Expressions Programme had sought feedback and the feedback received was positive; the PSNI had reported no incidents and the Housing Executive had reported one incident; the NIFRS reported incidents were down 200%. He noted that the bonfire programme was the envy of a number of Councils in Northern Ireland; the terms signed up to by a number of groups was to return them to family friendly events; the direction of travel by the Council was the right way. He believed they had to support that process in order to progress and that the motion would inhibit progress. He was dreadfully sorry about what happened to Councillor Boyle and hoped it did not happen again.

Councillor Cathcart advised that he sat on the PCSP, where an Alliance Member was the Chair. He noted the statutory agencies represented there – PSNI, NIFRS and Housing Executive – and that they had been positive about current progress and the direction of travel. He further advised that 78,000 people had attended the bonfire in Kilcooley and he had attended one in Rathgill, where they had had a willowburner. He noted there had been no flags and the majority of spectators had been children. He further noted things were not going in that direction a number of years ago but now the number of groups getting involved in the programme increased each year.

(Councillor Chambers left the meeting at this stage – 8.30pm)

Councillor Menagh did not support the motion. He stated that the two legacy Councils had worked together to develop a process and now Councils across Northern Ireland used this template in their own programmes. He stressed it was wrong to hinder progress and, whilst he condemned the actions by some, he highlighted that progress had still been made; he noted that Councillor Boyle had always supported bonfires. He concluded that they had to take Northern Ireland forward.

Councillor Thompson stated that the report had been largely positive and he welcomed the Council’s continuing success with the addition of in the Programme. He stated it was about having conversations with those who were not happy and trying to convince them about the merits of the Programme. He condemned the actions against Councillor Boyle and hoped it was an isolated incident.

(Councillor Chambers returned to the meeting at this stage – 8.34pm)

He believed the matter should be left to the Good Relations Team and their work supported rather than supporting a Motion that could work against them.

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Councillor Wilson stated there had been some positive outcomes detailed in the report, however to say it was a huge success was wrong. For example, the bonfire at Kilcooley had collapsed, several bonfires were lit early and Council costs had increased. Furthermore, the PSNI had had to close a road and the Housing Executive had raised concern about the proximity of some bonfires to buildings.

Councillor Armstrong-Cotter pointed to the progress that had been made, stating that as a child she had not attended bonfires until they had progressed to the point of being a family event, where no-one was in any danger. She had continued to attend bonfires until having children of her own. The last one she attended was the one in and as such she had been disappointed and disheartened to hear about the effigy. She cautioned that individual cases made bad laws. She noted that an incident had occurred at Portaferry Gala, however she would not suggest stopping the Gala over one incident. She questioned the rationale of penalising the event because of one incident.

(Councillor Douglas left the meeting at this stage – 8.40pm)

Continuing, Councillor Armstrong-Cotter stressed it was a chance for them to get engaged and involved with people and it was time for them to take leadership in the correct way. She commended Officers for their work.

(Councillor Douglas returned to the meeting at this stage – 8.41pm)

Councillor Edmund wished to make clear that they were not funding bonfires, rather they were funding a bonfire programme which was about family friendly fun days and other things.

Councillor Smith stated that the Alliance and Green Parties could not comprehend how much that cultural expression meant to Unionists. Whilst he condemned the actions against Councillor Boyle, he could not support the Motion as he did not trust the aforementioned Parties on Unionist cultural matters.

(Councillor Woods left the meeting at this stage – 8.44pm)

Councillor Robinson stated that diversity ran through her veins and she was delighted to be a Diversity Champion. She purported it was about championing ordinary people and she had hoped that they had moved on from the past; they were there to do their best for everyone that lived in the Borough. She asked Members to settle down and work for the people that elected them; they had no other agenda than to do the right thing.

(Councillor Woods returned to the meeting at this stage – 8.45pm)

On the amendment being put to the meeting, with 12 voting FOR, 20 voting AGAINST, 2 ABSTENTIONS and 6 ABSENT, the motion FELL.

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The vote resulted as follows:

FOR (12) AGAINST (20) ABSTAINING (2) ABSENT (6) Aldermen Aldermen Councillors Alderman Girvan Carson Brooks Fletcher McDowell Gibson McClean Councillors Smith Graham Allen Councillors Henry Cooper Barry Irvine Ferguson Boyle Keery Leslie Douglas Councillors Walker McAlpine Adair Muir Armstrong-Cotter Robinson Cathcart Smart Chambers Wilson Cummings Woods Dunne Edmund Gilmour Kennedy Martin McIlveen Menagh Smith Thompson

Item 10 – Pages 15-17 – Ballyholme Yacht Club: In raising this item, Alderman Smith concurred with the points made earlier by Alderman Girvan and Councillor Robinson. She supported the request for help towards the Club and recognised the excellent work it did particularly in promoting sailing amongst young people. She realised that Officers would be meeting with members of the club to help guide them towards funding and she urged the Officers to make those meetings as soon as possible as time was very much of the essence. She also requested that a report be brought back to the Committee or the Council on whatever progress was being made.

RESOLVED, on the proposal of Councillor Douglas, seconded by Councillor Woods, that the minutes be adopted subject to the above amendments.

(Councillor Boyle left the meeting at this stage – 8.50pm)

8. REQUESTS FOR DEPUTATION

8.1 Ms Alison Gordon – Open House Festival

PREVIOUSLY CIRCULATED: - Correspondence from Ms Alison Gordon from Open House Festival requesting a deputation to the Council. They were seeking an opportunity to speak to Council members, as their key partner, to set out their vision for the Festival and its role within the town of Bangor, and the Borough of Ards and North Down. They were keen to emphasise the huge economic and social impact that the creative industries in general could have.

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They also wished to impress upon Councillors the importance of having them support and champion creative industries locally, and work collectively to increase the resources coming into the Borough from the likes of the Arts Council and Tourism NI. They believed it was critical to all speak with one voice and start to raise the profile of Bangor as Northern Ireland’s third largest town, and its potential position as ‘the Brighton of Northern Ireland.’

RESOLVED, on the proposal of Alderman Smith, seconded by Alderman Irvine, that the deputation be heard by the Regeneration and Development Committee.

9. CONFERENCES, INVITATIONS ETC

9.1 Poppy Garden Dedication – Sunday 29 October 2017

PREVIOUSLY CIRCULATED:- Correspondence from Bangor Branch Royal British Legion inviting Members to attend the above event which will be held outside Danske Bank on Main Street, Bangor.

RESOLVED, on the proposal of Councillor Thompson, seconded by Councillor Dunne, that the event be noted.

9.2 Remembrance Service Bangor – 12 November 2017

PREVIOUSLY CIRCULATED:- Correspondence from Bangor Branch Royal British Legion inviting Members to attend the above event which will be held at the War Memorial in Ward Park, Bangor.

RESOLVED, on the proposal of Councillor Dunne, seconded by Alderman Graham, that the event be noted.

9.3 Remembrance Service Newtownards – 12 November 2017

PREVIOUSLY CIRCULATED:- Correspondence from Newtownards Branch Royal British Legion inviting Members to attend the above event which will commence with the wreath laying ceremony at the War Memorial, Newtownards.

RESOLVED, on the proposal of Councillor Armstrong-Cotter, seconded by Councillor McIlveen, that the event be noted.

(Councillor Cathcart left the meeting at this stage – 8.52pm)

9.4 Quantum Information and Communication: The Legacy of John Bell – 6 November 2017

PREVIOUSLY CIRCULATED:- Correspondence from the Royal Irish Academy and The Chief Executive’s Club at Queen’s inviting Members to the above event at Riddel Hall, Queen’s University, Belfast.

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RESOLVED, on the proposal of Alderman Graham, seconded by Councillor Dunne, that the event be noted.

10. CONSULTATION DOCUMENTS

10.1 DAERA - Revised Requirements for Radiological Protection: Regulation of Public Exposures and the Justification of Practices

(Comments to be submitted no later than 15 November 2017)

PREVIOUSLY CIRCULATED:- Correspondence from the Department of Agriculture, Environment and Rural Affairs detailing the above consultation.

RESOLVED, on the proposal of Councillor Muir, seconded by Councillor Barry, that the event be noted.

10.2 DfC - A Fundamental Review of Social Housing Allocations

(Comments to be submitted no later than 21 December 2017)

PREVIOUSLY CIRCULATED:- Correspondence from the Department for Communities detailing the above consultation and providing information on a series of public events they are holding.

Alderman Irvine proposed, seconded by Councillor Muir, that the matter be referred to the relevant Committee and that Officers prepare a report in response. He stressed the importance of the Council having its say.

RESOLVED, on the proposal of Alderman Irvine, seconded by Councillor Muir, that the matter be referred to the Community and Wellbeing Committee and that a report be prepared.

11. TRANSFERS OF RIGHTS OF BURIAL

The following transfer applications were received:-

Name Transferred to Cemetery Section No K & A Donnan P Harvey KX 4261 A Gracey I Gracey Movilla 59 255 A Gracey I Gracey Movilla 59 256

RESOLVED: - (On the proposal of Alderman Gibson seconded by Councillor Smart)

THAT the above Transfers be approved.

Councillor Menagh asked if the documents could be signed by another Officer in the absence of the Chief Executive and the Director of Organisational Development and

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Administration advised that she could sign any urgent certificates and the Chief Executive would countersign them on his return.

NOTED.

(Councillor Cathcart returned to the meeting at this stage – 8.54pm)

12. SEALING DOCUMENTS

RESOLVED: - (On the proposal of Councillor Cummings, seconded by Alderman Girvan)

THAT the Seal of the Council be affixed to the following documents:-

(a) Northern Ireland Electricity Ltd – Substation at Diary Hall Leisure Centre, Newtownards (b) T G Eakin Limited and Ards and North Down Borough Council – Deed of Rectification – Lands at Kathleen Drive, Ballystockart, Comber (c) Grant of Right of Burial Nos – 12500 - 12521

13. NOTICES OF MOTION STATUS REPORT (Appendix I)

PREVIOUSLY CIRCULATED:- Report dated 19 October 2017 from the Director of Organisational Development and Administration attaching a Status Report in respect of Notices of Motion.

This was a standing item on the Council agenda each month and its aim was to keep members updated on the outcome of motions. As each motion was dealt with it would be removed from the report.

RECOMMENDED that the report be noted.

RESOLVED on the proposal of Councillor Muir, seconded by Alderman Smith, that the recommendation be adopted.

14. NOTICES OF MOTION – FILE REF CG12172

14.1 Notice of Motion submitted by Councillor Woods and Councillor Barry

That this Council, recognise the key role that food banks and distribution centres play in helping those who are in food poverty, tasks officers to bring back a report on what options are available for us as a Council to further support food banks. Furthermore, it establishes a working group, coordinated by Council, but involving other statutory agencies, community and voluntary groups, to examine and causes of food poverty within our Borough with a view to producing a strategy to eliminate or substantially reduce food poverty.

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RESOLVED, on the proposal of Councillor Woods, seconded by Councillor Barry, that the Notice of Motion be referred to the Community and Wellbeing Committee.

14.2 Notice of Motion submitted by Councillor Cooper

This Council, noting the existing lavish provision for Irish language interests, opposes any attempt, under any legislative guise, to make Irish an official language in Northern Ireland or to require it to be treated on a par with English, either in council or elsewhere, believing such would create massive public expenditure, and a clear disadvantage to the non Irish speaking majority and prove needlessly divisive across the community.

As there was no proposer, the motion FELL.

14.3 Notice of Motion submitted by Alderman McDowell

That this Council sets itself the ambitious target to help create 20,000 new jobs in the Ards and North Down Borough Council area by 2030. Also, this Council puts the creation of jobs and economic growth as it’s No.1 priority and encourages all external Stakeholders, Councils Departments and Councillors to work towards this goal.

RESOLVED, on the proposal of Alderman McDowell, seconded by Councillor Muir, that the Notice of Motion be referred to the Regeneration and Development Committee.

14.4 Notice of Motion submitted by Alderman McDowell

That this Council provides a report into setting up a Brexit section in our Regeneration and Development department, to help prepare for the changes Brexit may bring about for our business and ratepayers.

RESOLVED, on the proposal of Alderman McDowell, seconded by Councillor Wilson, that the Notice of Motion be referred to the Regeneration and Development Committee.

14.5 Notice of Motion submitted by Councillor Barry, Councillor Robinson and Councillor Woods

That this Council, while recognising the importance that religion plays for many people, agrees that religious prayers (including Bible readings) be removed as part of the official agenda of meeting. These expressions of a particular faith are not inclusive of those of different faiths or none, are not necessary for the conduct of council business, and are unrepresentative of the entire of the Ards and North Down Borough and its diverse communities. Council meetings should be inclusive and welcoming to all who attend, councillors, officers, delegations, the media and members of the public. A moment of silent reflection at the start of council meetings, outside of the formal agenda, could be considered as a more appropriate way to

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C.25.10.17PM allow for the inclusion of any religious, spiritual or ethical dimension prior to the official business of the meeting.

RESOLVED, on the proposal of Councillor Barry, seconded by Councillor Woods, that the Notice of Motion be referred to the Corporate Services Committee.

14.6 Notice of Motion submitted by Councillor Barry and Councillor Woods

That this Council writes to the Department of Agriculture, Environment and Rural Affairs asking for the complete information and evidence base upon which former minister McIlveen based her decision to cancel the container deposit legislation scheme (CDL) as proposed by Minister Durkan. And to commission immediately, a study, and public consultation, on the introduction of effective packaging waste in NI, expressly including a CDL scheme as the default alternative in the absence of more effective and cost effective methods of delivering the recycling increases and litter reductions available through a CDL scheme. Secondly, this Council brings back a report on the costs associated with introducing a localised CDL scheme within the Borough in order to reduce the number of single use plastic bottles that are thrown into general refuse.

RESOLVED, on the proposal of Councillor Barry, seconded by Councillor Woods, that the Notice of Motion be referred to the Environment Committee.

14.7 Notice of Motion submitted by Councillor Woods and Councillor Barry

That this Council, recognising the importance of reducing the amount we waste, the increased reliance on plastic and plastic items, and the amount of plastic that ends up as marine litter, supports the end to use single use plastics and promotes the use of eco-friendly alternatives across the Borough. Furthermore, it takes the lead in reducing the use of plastic at meetings and events through providing recyclable, reusable alternatives.

RESOLVED, on the proposal of Councillor Woods, seconded by Councillor Barry, that the Notice of Motion be referred to the Environment Committee.

14.8 Notice of Motion submitted by Alderman McDowell and Councillor Douglas

That this Council expresses its outrage at the rulings of the US Commerce ‘Independent Trade Commission’ against Bombardier and its C-services aircraft, notes with deep concern the potential impact on open and fair international trade and the workforce and associated supply chain across Northern Ireland, including in this Borough, including the significant number of employees that live locally; and resolves to write to the UK, US and Canadian Government in support of Bombardier and request that a cross-party delegation meets with senior management in Belfast.

Alderman McDowell requested that the Motion be heard at the Council meeting, given the urgency behind it.

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The Mayor highlighted that Councillor Menagh had submitted a similar Motion and he asked Councillor Menagh if he would be happy to combine the two. Councillor Menagh advised that he would not as he preferred to speak to his own Motion.

The Mayor advised that both Motions would be heard.

ADJOURNMENT OF MEETING

The meeting was adjourned at 8.58pm and reconvened at 9.15pm.

Alderman McDowell proposed his above motion, seconded by Councillor Douglas.

Alderman McDowell spoke to his Motion stating that the recent rulings against Bombardier would have a serious impact on the NI economy and therefore it was vital that the Council expressed outrage at the decision. He noted that Bombardier employed over 4,300 people, many of whom lived in the Borough.

(Councillor Wilson returned to the meeting at 9.17pm)

Continuing, Alderman McDowell stated that an estimated 20,000 people were employed in the services that supplied Bombardier and therefore it was vital that the Council used any influence it had to get the decision averted. Furthermore, it was vital that the British Government kept up the pressure on the US to set the decision aside or get it quashed. He added that the decision could have a major impact on the trading arrangements and he feared that it could even push Northern Ireland into a recession. He also referred to the complex negotiations around Brexit. He stressed it was vital to do everything possible to let people know the impact on the workforce and the community. In concluding he expressed his support for Councillor Menagh’s Motion and he underlined the importance of presenting a united front and working together to try to get the decision reversed.

As seconder, Councillor Douglas rose in support of the Motion and also expressed her support for Councillor Menagh’s Motion, adding it was vital they stood together on the matter.

(Councillor Smart returned to the meeting – 9.20pm)

Councillor Barry supported the Motion and he encouraged all Members to sign the ‘Unite the Union’ petition. He echoed the sentiments of Alderman McDowell about standing together and using their influence. He also concurred that the protectionist measures could push Northern Ireland into recession.

Rising in support of both Motions, Councillor McIlveen reiterated they had to stand against US protectionism. He noted it was indicative of the global market that there were difficulties with Bombardier. He purported there had to be a way to ensure stability. He reported that the DUP had used its influence in Westminster and had discussed the matter with the Defence Secretary. He stressed they could not be seen to be doing nothing, rather they had to demonstrate that they supported the workers.

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Councillor Smart commented the decision could be devastating for the Borough.

(Councillor Dunne left the meeting at this stage – 9.24pm)

Continuing, he voiced his support for both of the Motions and he echoed the sentiments already expressed.

(Councillors Dunne and Muir and Alderman Gibson returned to the meeting at this stage – 9.25pm)

RESOLVED, on the proposal of Alderman McDowell, seconded by Councillor Douglas, that the Notice of Motion be adopted.

14.9 Notice of Motion submitted by Councillor Menagh

That this council supports all efforts to protect and safeguard employment in Bombardier/Shorts and its subsidiaries. That this council agrees to write to appropriate Trade Unions and relevant Government departments urging them to demonstrate continued commitment to the ongoing attempts to resolve the contractual disputes and unfair tariffs imposed on Bombardier/Shorts.

Councillor Menagh proposed, seconded by Councillor Armstrong-Cotter that the Motion be adopted.

Councillor Menagh spoke to his Motion stating that the Motion came at a time of great pressure for the workers of Shorts (Bombardier), their families and indeed the local community and economy. The firm employed, and had done for many years, a great number of local men and women. He had worked there also for 30 years and had fond memories of his time in the main factory.

In that time of such economic hardship, cuts and financial concern for working families, it was a travesty that an industrious and well renowned company such as Bombardier found itself, and by extension its workers, in such a perilous situation. Bombardier currently operated one main factory in the local area, known as Hallmark and there was also a large volume of work subcontracted to other local firms. That naturally boosted the local economy and assisted greatly in job creation. There were also two further factories within that area that supplied Hallmark with materials. They too benefitted greatly from the economic benefits provided by Bombardier’s presence in Northern Ireland.

It was in that aforementioned context that Councillor Menagh was appalled at the unfair, unjust and crippling tariffs that Boeing was currently attempting to impose on one of the Province’s largest employers. Whilst there was no doubt complex legal matters at hand, he believed it was the duty of the Council to make its voice heard and show its support to those whose livelihoods depended upon the employment provided to them by Bombardier.

In recent weeks there had been some positive news for the company in relation to what was known as the C series. AirBus had purchased a 51% stake in that product and that had given the company, especially here in Northern Ireland, a much needed

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C.25.10.17PM economic injection. Whilst Councillor Menagh welcomed that, he did not believe it would fully keep the wolves from the door so to speak, and therefore it was important that all local political representatives continued to magnify the political support for Bombardier and its employees.

In concluding, Councillor Menagh sought support for the Motion from all parties, which at its core sought to demonstrate a commitment to those working men and women who relied so heavily on their employment at Shorts/Bombardier. Those were the kind of causes in which the local community expected their representatives to fight equally hard for and he asked that the Council stood with him in doing so.

(Councillor Martin returned to the meeting at this stage - 9.26pm)

Councillor Armstrong-Cotter echoed the sentiments of the proposer and Councillor McIlveen. She stated that she knew three people who worked for Bombardier ranging from an apprentice to more senior members of the organisation, and they had all expressed concern about the recent decision. She stressed that they had to do what they could and whilst they may not be able to reach the US President, they must exert any influence they had at every level to show support to those impacted by the recent decision.

Rising in support, Councillor Edmund stated that many men and women up and down the Peninsula worked at Bombardier and were involved in this serious situation. He hoped for a positive outcome.

Concurring with the comments of Alderman McDowell and Councillor Menagh, the Mayor highlighted that Bombardier was a major employer for the whole of Northern Ireland.

In summing up, Councillor Menagh thanked Members for their support and he reiterated that the situation impacted the whole province and had implications for the economy of Northern Ireland. He thanked the Mayor for allowing the Motion to be heard.

RESOLVED, on the proposal of Councillor Menagh, seconded by Councillor Armstrong-Cotter, that the Notice of Motion be adopted.

14.10 Notice of Motion submitted by Alderman Keery and Councillor McIlveen

That this Council brings back a report on the potential to build a hydro therapy pool at the new Newtownards Leisure Centre, which would include costings to build, and health benefits to those who suffer from Fibromyalgia and other health conditions who would benefit from such a facility.

Alderman Keery spoke to his motion stating that he had done some research into the matter and whilst things changed day by day he was presenting the latest information he had which he had received earlier that day, in the form of an email from the Director of Community and Wellbeing.

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He noted that he had looked into the benefits of a hydro therapy system, which was a completely natural therapy which used warm water to promote health.

He referred to legacy North Down Council taking the lead in building Bangor Aurora, and stated it was the envy of many Councils through-out Northern Ireland, included the people that used it. One such user was the Ulster Swim organisation which used Aurora as its base to operate from; Swim Ireland also used the pool and the new President of the Olympic Committee for Ireland was also impressed with it.

He continued that Bangor Aurora only suited a small proportion of the population; those being competitive swimmers and the large pool was available for those competitive swimmers which was as it should be. In contrast, a warm water pool, which also suited a small proportion of people, could be used as a leisure pool being suitable for all ages and abilities; swimmers and non-swimmers alike. It would be available to anyone at any time. Any movement in water was beneficial for all e.g. older people wanting gentle exercise and those with limited mobility

He advised that the old pool at Bangor had two warm water pools; a small shallow pool suitable for babies and toddlers; a larger pool about 3 feet deep; a warm water pool which would be used as a leisure pool for all age groups and abilities.

He reported that, at the present time the only access to a warm water pool in Bangor was at Clifton School in Bangor who allowed one group to avail of the warm water pool facility, however it was closed during school hours, weekends and school holidays.

At this point, Councillor Menagh advised there was also a warm water pool at a private nursing home in Newtownards and he confirmed it was available to the general public.

Continuing, Alderman Keery stated that hot tub hydro therapy was also reported to improve blood pressure levels and blood sugar levels for people with diabetes and also sufferers of Fibromyalgia. He believed it was worth noting that 5% of the population suffered from Fibromyalgia.

In concluding he appealed to Members to support the Motion as a worthy cause to benefit all the residents of the Borough. He stated that what was missing in Ards and North Down was a warm water pool and he believed the new centre being built in Newtownards could provide that much needed facility. He acknowledged that they were so far on with the leisure centre build, that it was not practical to try to do that at that moment in time as it would be extremely difficult and costly and he did not want to go down that road.

At this juncture he referred to an email he had received earlier that day from the Director of Community and Wellbeing. He was pleased to hear that the vitality pool in the spa complex incorporated a range of features including a chill pool, Jacuzzi water jets and a relaxation bed sculpted into the pool basin. The pool had been developed as part of a spa but from a review of available information it sounded like many of its features were comparative with a hydrotherapy pool. He joked that he wanted to kick the officer because all those facilities were going to be built within the

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C.25.10.17PM leisure centre but that night was the first time he had heard about it. He was delighted that they were going in that direction. He requested that Officers bring back a report detailing the facility mix.

(Councillors Barry and Muir left the meeting at this stage – 9.34pm)

Councillor McIlveen was happy to second the Motion and the request for a report. He stated it was important Members had the information before them as it was vital for them to know what facilities would be available in respect of people’s health and wellbeing, so that they could inform people what the new leisure centre had to offer. He was happy to support the request to bring a report back as the more information they had the better.

(Councillor Smith left the meeting at this stage – 9.36pm)

Councillor Smart appreciated the Motion being brought given that work at the leisure centre had already commenced and he welcomed a report.

(Councillors Barry and Muir returned to the meeting at this stage – 9.37pm)

Rising in support Councillor Menagh said he looked forward to the report and he noted that the new leisure centre was second to none.

Alderman Girvan raised an objection to a comment made by Alderman Keery about kicking the officer and she asked that he retract his comment. In respect of the Motion she stressed that any changes made to the plans now would incur extra expense.

(Councillor Smith returned to the meeting at this stage – 9.39pm)

Alderman McDowell supported a report being brought back. He was conscious of the costs involved particularly at that stage of the build. He hoped they had not passed the point of no return as it was important that they looked at available options. He noted that a health and wellbeing centre had to provide facilities for as many people and needs as possible. He continued that he would like to see included in the report information about the availability of other facilities such as the Phoenix Centre. He suggested it would be beneficial for Members to visit the new leisure centre and noted that it would be a great asset for Newtownards. He welcomed a workshop to see what the leisure centre would comprise and he wondered if the spa could accommodate Alderman Keery’s proposal.

The Director of Community and Wellbeing advised that Members had been informed of the facility mix several times on different occasions, including in the Economic Appraisal in March 2016 and the workshop held at Signal; he noted that nothing had changed since then. With respect to Fibromyalgia sufferers, the Director advised that there would be a water relaxing pool operating at 35oC and therefore there was already a pool in the facility mix that those users could access.

Rising in support, Councillor Robinson stated that she was the Chair of the Disability Forum. She noted that people with different disabilities enjoyed warm water and

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C.25.10.17PM some had said they found the water at Aurora quite cold. She believed that a vitality pool would meet a lot of their needs.

Alderman Henry also rose in support and he noted that he was also in the Disability Forum. He advised that he was regularly contacted by sufferers/users about the temperature of the pool at Aurora.

Councillor Muir sought clarity on the withdrawal by Alderman Keery of his earlier comment.

Alderman Keery apologised to the Officer for his comment and noted that he had been speaking metaphorically. He was pleased by the support for his Motion and in summing up he clarified that the hydro therapy pool would not just be for sufferers of Fibromyalgia but would also benefit those suffering other illnesses. It was his understanding that swimming pools were heated to 28oC and spa pools were heated to between 31oC and 38oC. He wished to incorporate all groups that would benefit from such a facility. He thanked the Mayor for allowing the Motion to be heard.

RESOLVED, on the proposal of Alderman Keery, seconded by Councillor McIlveen, that the Notice of Motion be adopted.

15. RESIGNATION OF ALDERMAN SMITH FROM ROADS SAFETY COMMITTEE – APPOINTMENT OF ONE REPLACEMENT MEMBER

Members were advised that Alderman Smith had resigned from the Roads Safety Committee. Nominations for her replacement were sought.

Councillor Barry proposed, seconded by Councillor Boyle, that Councillor Woods be nominated to the Roads Safety Committee.

As no other nominations were made, Councillor Woods accepted the above appointment.

RESOLVED on the proposal of Councillor Barry, seconded by Councillor Boyle, that Councillor Woods be appointed to the Roads Safety Committee.

16. EUROPEAN MARITIME AND FISHERIES FUND (EMFF) 2014 – 2020 – FISHERIES LOCAL ACTION GROUP (FLAG) – NOMINATION TO SEAFLAG BOARD

PREVIOUSLY CIRCULATED:- Report dated 11 October 2017 from the Director of Regeneration, Development and Planning stating that recently the Department of Agriculture, Environment and Rural Affairs (DAERA) had announced the appointment of the South East Area (SEA) Fisheries Local Action Group (FLAG) to prepare and deliver a £2.3 million development for local fishing communities.

The £2.3 million funding would be made available through the European Maritime and Fisheries Fund (EMFF) to aid communities in Northern Ireland where

26

C.25.10.17PM commercial fishing remained a major source of income and provided employment opportunities. Under Union Priority 4 the funding would support a broad range of projects that focussed on promotion of economic growth; social inclusion; job creation and supporting labour mobility in coastal and inland communities.

SEAFLAG comprised representatives from the public, private and voluntary sectors within the two participating Councils of , and Down and Ards and North Down. The structure of the partnership aimed to ensure a balance of representation of stakeholders to promote and deliver an effective programme through the encouragement of innovative projects. Member organisations of the SEAFLAG Board were as follows:

- Anglo North Irish Fish Producers Organisation - Ards and North Down Borough Council - Rural Community Network - Down Business Centre - Chamber of Commerce - Mourne Heritage Trust - Newry, Mourne and Down District Council - Northern Ireland Fish Harbour Authority - Northern Ireland Fish Producers Organisation - Northern Ireland Women in Fisheries - Scampi Processors Association - Seafish UK - Southern Regional College - Lough and Partnership

It was now a requirement to seek one Councillor nomination to represent Ards and North Down Borough Council on the SEAFLAG Board. In order to progress the strategy review as per the DAERA timescale requirements, the first meeting of the Board was due to take place at 10am on Thursday, 26 October in the Downshire Civic Centre, .

During November, SEAFLAG would engage with community and stakeholder groups within coastal and inland communities, dependant on fishing and aquaculture to develop a comprehensive strategy review. It was planned that a public consultation event would be held in Portavogie on Thursday, 9 November 2017. The details of that event would be circulated to Members in advance.

Following approval of the strategy by DAERA, local fishing communities would then have the opportunity to benefit from funding through the SEAFLAG and a call for applications would open during 2018.

RECOMMENDED that the Council nominates one elected member to represent Ards and North Down Borough Council on the SEAFLAG Board.

The Mayor sought nominations for the above.

Alderman Henry proposed, seconded by Councillor Smart, that Alderman Carson be nominated to the SEAFLAG Board.

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C.25.10.17PM

Councillor McIlveen proposed, seconded by Councillor Armstrong-Cotter that Councillor Adair be nominated to the SEAFLAG Board.

As there were two nominations, a vote was taken and with 17 voting for Alderman Carson and 16 voting for Councillor Adair, it was agreed to appoint Alderman Carson.

The Mayor took the opportunity to congratulate Alderman Carson on his election. He hoped that Portavogie would not miss out on funding going forward as it had done in previous years.

RESOLVED on the proposal of Alderman Henry, seconded by Councillor Smart, that Alderman Carson be appointed to represent Ards and North Down Borough Council on the SEAFLAG Board.

17. DFC – APPOINTMENTS TO THE HISTORIC MONUMENTS COUNCIL

PREVIOUSLY CIRCULATED:- Letter dated 9 October 2017 from the Department for Communities stating that it would shortly be seeking applications from people interested in the following appointments – Chair and / or Member to the Historic Monuments Council.

Applications were welcomed from a wide range of people who had an interest in public service. The Department wished to recognise less traditional career patterns and experiences such as community involvement or voluntary work, as well as those experiences found within the employment field.

The Department was committed to the principle of public appointments based on merit with independent assessment, openness and transparency of process. The Department was also committed to equality of opportunity and welcomed applications from all suitably qualified people irrespective of religious belief, gender, disability, ethnic origin, political opinion, age, marital status, sexual orientation or whether or not they had dependants. They particularly welcomed applications from women, people with a disability, young people and people from minority ethnic groups for those positions.

The formal advertisement would be placed in the Belfast Telegraph, Irish News and News Letter on 12 and 13 October 2017. Details were also available on the Department for Communities website.

RESOLVED on the proposal of Councillor Martin, seconded by Alderman Gibson, that the correspondence be noted.

18. TREE PLANTING IN PORTAVOGIE COMMUNITY CENTRE

PREVIOUSLY CIRCULATED:- Report dated 10 October 2017 from the Director of Organisational Development and Administration stating that a request had been made by Mr Mahood, on behalf of Portavogie Heritage Society, to plant a tree in the 28

C.25.10.17PM grounds of Portavogie Community Centre on Saturday, 28 October 2017 to commentate 500 Years of The Reformation. The Mayor had also been invited to join them for the occasion.

The Parks, Cemeteries and Amenities Manager had been consulted with regard to a suitable location and type of tree, subject to this report being approved.

RECOMMENDED that Portavogie Heritage Society be permitted to plant a suitable tree in the grounds of Portavogie Community Centre.

RESOLVED on the proposal of Councillor Thompson, seconded by Councillor Edmund, that the recommendation be adopted.

19. PROPOSED CHANGE OF TIME OF THE REGENERATION AND DEVELOPMENT COMMITTEE IN NOVEMBER

PREVIOUSLY CIRCULATED:- Report dated 18 October 2017 from the Director of Regeneration, Development and Planning stating that due to diary clashes it was requested that the Regeneration and Development Committee had an earlier start of 5.00 pm on 9 November 2017. This had the support of the Chair of the Regeneration and Development Committee.

RECOMMENDED that the Council approves the revised start time of the Regeneration and Development Committee of 5.00 pm on 9 November 2017.

Councillor Chambers queried the date of the Committee meeting given that it normally met on the first Thursday of the month.

The Director of Regeneration and Development clarified that it was because of the way the month fell; the Committee always followed the Planning Committee which was always held on the first Tuesday of the month which in November 2017 would be the 7th.

Councillor Chambers then proposed, seconded by Councillor Menagh, that the Regeneration and Development Committee meeting in November be held on the first Thursday in the month.

At this stage, the Director of Organisational Development and Administration advised that would be difficult to accommodate due to the timetable involved in releasing papers.

On that basis, the Mayor asked if Councillor Chambers was happy to withdraw his amendment and he confirmed that he was.

RESOLVED on the proposal of Councillor Cummings, seconded by Councillor Smith, that the recommendation be adopted.

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C.25.10.17PM

EXCLUSION OF PUBLIC/PRESS

AGREED, on the proposal of Alderman Girvan, seconded by Councillor Martin, that the public/press be excluded from the meeting for the undernoted item of confidential business.

(Alderman Carson and Councillor McClean left the meeting at this stage – 10.01pm)

20. SECONDMENT ARRANGEMENT FOR PORTAFERRY REGENERATION GROUP AND OTHER SECONDMENTS TO COUNCIL FROM THE ASSEMBLY

** COMMERCIAL IN CONFIDENCE **

***NOT FOR PUBLICATION***

Schedule 6 – Information relating to the financial or business affairs of any particular person (including the Council holding that information).

7.6 Corporate Services Committee dated 10 October 2017

***NOT FOR PUBLICATION***

Schedule 6 – Information relating to the financial or business affairs of any particular person (including the Council holding that information).

RE-ADMITTANCE OF PUBLIC/PRESS

AGREED, on the proposal of Councillor Barry, seconded by Councillor Martin, that the public/press be re-admitted to the meeting.

Members were advised that in line with Section 47 (1) of the Local Government Act (Northern Ireland) 2014 the audio recording would now recommence.

Circulated for Information

(a) Department for Infrastructure – Disabled Persons Parking Places on Roads – Auster Park, Newtownards (Correspondence attached) (b) Education Authority Strategic Plan 2017-2027 – Summary of Consultation (Correspondence attached)

RESOLVED, on the proposal of Councillor Martin, seconded by Councillor Kennedy, that the correspondence be noted.

TERMINATION OF MEETING

The meeting terminated at 10.09 pm.

30

ARDS AND NORTH DOWN BOROUGH COUNCIL

A meeting of the Planning Committee was held in the Council Chamber, 2 Church Street, Newtownards on Tuesday, 7 November 2017 at 7.00 pm.

PRESENT:

In the Chair: Alderman Fletcher

Aldermen: Gibson Henry Girvan McDowell

Councillors: Cathcart Smart Dunne Thompson McIlveen Walker

Officers: Director of Regeneration, Development and Planning (S McCullough), Head of Planning (A McCullough), Principal Professional and Technical Officers (G Kerr & L Maginn), Senior Professional and Technical Officer (C Rodgers), Professional and Technical Officer (D Gibson), Democratic Services Manager (J Wilson) and Democratic Services Officer (P Foster)

WELCOME

The Chairman welcomed members and officers to the meeting and made a special mention of those persons with speaking rights and members of the public seated in the public gallery.

1. APOLOGIES

An apology for inability to attend was received from Aldermen Carson, Graham & Keery and Councillor Barry.

NOTED.

2. DECLARATIONS OF INTEREST

No Declarations of Interest were advised.

NOTED.

PC.07.11.17

3. MATTERS ARISING FROM MINUTES

3.1 Planning Committee meeting of 3 October 2017

PREVIOUSLY CIRCULATED:- Copy of the above minutes.

AGREED TO RECOMMEND, on the proposal of Councillor Smart, seconded by Alderman Girvan, that the minutes be noted.

3.2 Special Planning Committee meeting of 10 October 2017

PREVIOUSLY CIRCULATED:- Copy of the above minutes.

AGREED TO RECOMMEND, on the proposal of Alderman Gibson, seconded by Councillor McIlveen, that the minutes be noted.

4. PRESENTATION

4.1. DAERA (MARINE & FISHERIES DIVISION) REGARDING NORTH CHANNEL SPECIAL AREA OF CONSERVATION (Appendix I)

The Chairman welcomed Carol O’Boyle and Colin Armstrong from the Department of Agriculture, Environment and Rural Affairs (DAERA) Marine and Fisheries Division to the meeting and invited them to make their presentation.

Mrs O’Boyle thanked members for the opportunity to address them and by way of introduction she advised that porpoises were one of the smallest cetaceans and the only one to be found in EU Waters. Continuing she stated that they had a preference for cooler coastal waters and were frequent feeders. Members were advised that a network of protected areas had been identified for those protected species including whales and dolphins. It was noted that a total of 18 years of data had been collected and analysed which had resulted in five sites being identified. Three managed units had also been identified those being at West , North Sea, Celtic & Irish Sea with the Scottish site being one of the biggest in the . At this stage Mrs O’Boyle stated that the main causes of collision were bi-catch, pollution, contaminants and run off. She added that dredging and construction were also areas of concern.

Mrs O’Boyle then proceeded to guide members through a PowerPoint presentation which detailed the proposals for Harbour Porpoise Special Areas of Conservation (SAC).

The Chairman thanked Carol O’Boyle and Colin Armstrong for their presentation and invited members to raise any queries they had at this stage and the following comments were made.

Councillor McIlveen stated that the concerns he had were with additional burdens on fishermen and whether or not the proposed works at Portavogie Harbour would be an issue.

2

PC.07.11.17

In response Mrs O’Boyle stated that a Marine Licence would be required for any such works and added that would be part of the process and something which would have already been covered in any planning advice already issued.

Councillor McIlveen sought confirmation that the current level of activity within Portavogie Harbour would not cause an issue adding that he was mindful that may change if there was to be an increase in vessels at the Harbour.

Mrs O’Boyle responded stating that vessel movements were monitored and if that were to increase collision would become more of an issue in respect of the welfare of porpoises.

Councillor McIlveen made reference to the proposed off-shore wind turbines and asked if any assessments had been carried out in respect of that.

Mrs O’Boyle reiterated that porpoises were a protected species in all waters and added that a variety of guidance documents had been published and were available online.

The Chairman asked if porpoises were found in .

Mrs O’Boyle confirmed that porpoises were present in most coastal waters.

Continuing, the Chairman referred to the recently decommissioned SeaGen generator at Strangford and asked if further proposals for such green energy could cause issues of concern in respect of porpoises.

In response Mrs O’Boyle reiterated again that porpoises were protected in all waters as were seals. She added that any future plans for green energy in coastal waters would be subject to Marine Licence requirements.

The Chairman thanked Carol O’Boyle and Colin Armstrong for their interesting and informative presentation.

(Carol O’Boyle and Colin Armstrong left the meeting at this stage – 7.24pm)

5. PLANNING APPLICATIONS

5.1 LA06/2016/0207/F - 245m North of 106 Ballybarnes Road, Newtownards

PREVIOUSLY CIRCULATED:- Copy documentation (Appendix II)

. DEA: Holywood & Clandeboye . Committee Interest: A delegated application called-in by Planning Committee . Proposal: Retrospective Application for Retention of Agricultural Shed . Site Location: 245m North of 106 Ballybarnes Road, Newtownards . Recommendation: Refuse Planning Permission

3

PC.07.11.17

The Senior Professional and Technical Officer reported that the application was a delegated application called-in by Planning Committee which sought the retention of an agricultural shed on land north of 106 Ballybarnes Road, Newtownards. The recommendation was to refuse planning permission. She advised that the building had been erected without the benefit of planning permission and the application had been submitted following an enforcement investigation. The SPPS and PPS21 – CTY12 each provided the relevant policy context for the application.

At this stage the Officer referred members to a number of slides which showed the location of the site which was north of the main farm group, photographs of the subject building and elevation drawings. She stated that the Planning Department was satisfied that the agricultural holding was active and had been established for a minimum of 6 years. However, she added that Policy CTY12 required that the proposal was sited beside existing farm buildings and as shown on the aerial photograph the shed was clearly detached from the main farm group. It was noted the separation distance was approximately 160m and consequently the proposal failed to meet that policy criterion.

Continuing the Policy CTY12 made it clear that alternative sites away from the existing farm buildings could only be considered in exceptional circumstances - where there were no other sites available at another group of buildings on the holding, and where:

 It was essential for the efficient functioning of the business;  Or there were demonstrable health and safety reasons. The policy footnote went on to state that in such cases the applicant was required to provide sufficient information to demonstrate that those conditions had been met. The Officer stated that the exceptionality test was not engaged in this case as there were other sites available at the existing group of buildings. Even if it were to be engaged no persuasive evidence had been submitted to demonstrate exceptional circumstances existed.

She reported that the applicant had asserted that as cattle and sheep grazed on split locations it was difficult to transport feed from one side of the holding to the other and that the shed was used to store hay and provide animal shelter at this section of the farm. It was accepted that the building may be convenient for the applicant, however that was not the policy test. As there was a relatively short distance between the shed and the main farm group the proposed uses could not be considered essential there rather than in a building beside the farm group.

Recently submitted supporting information referred to a requirement for an isolation shed to prevent cross-contamination. This did not represent an exceptional circumstance, rather that was an issue faced by all farmers with cattle herds. There was nothing in DARD’s Biosecurity Code for NI Farms which necessitated an isolation facility 160m from the farm buildings. There was no reason why such a facility could not be provided in the existing farmyard and that reflected the position taken in recent planning appeal decisions.

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PC.07.11.17

The agent acting on behalf of the applicant had stated that a larger agricultural building could be built on the holding under agricultural Permitted Development (PD) rights and he had referred to this as a ‘fall- back position’. Agricultural PD was subject to a number of qualifying criteria, one being that the nearest part of the agricultural building was not more than 75 metres from the nearest part of the principle farm buildings. The Senior Professional and Technical Officer stated that a fall-back position insinuated an ‘alternative’ for the site in question and added that to be absolutely clear there was no fall-back position relating to the site which was detached from the existing farm buildings by 160m and therefore that argument could not be given material weight. It was noted the applicant had every right to avail of PD rights and the Planning Department would certainly have no concerns with any building on this holding that would meet the qualifying criteria for Permitted Development.

Continuing, the Officer advised that information submitted in support of this application argued that insufficient weight had been attached to the level of integration provided. Members would be aware that integration did not feature in the exceptionality test of Policy CTY12. An agricultural building away from the main farm group must meet the very specific conditions set out in the exceptional circumstances test in order to be acceptable in principle in the countryside. In addition, any building that was justified under the exceptionality test must also meet policy requirements for integration set out in Policy CTY12 and 13. The integration of a building simply could not justify any form of development which was not acceptable in principle in the countryside.

There was huge scope in the countryside for various forms of development to integrate successfully. To set aside policy on those grounds would create a very widespread precedent that would completely undermine the policy and the ability to manage development in a consistent manner.

To conclude the Officer stated that no persuasive evidence had been submitted to demonstrate that the exceptionality test had been met. The proposal was therefore contrary to Policy CTY12 and as there was no compelling evidence that there were any overriding reasons why the development was essential at this location, the proposal did not comply with Policy CTY1.

Alderman McDowell asked who had called the planning application in.

The Officer confirmed that Councillor McIlveen had called-in the application and the planning reason provided was ‘to consider whether it would fall under the exception in Policy CTY 12 of PPS 21 that required it to be essential for the efficient functioning of the business’.

In response to a query from Alderman Gibson, the Officer confirmed that from considering aerial photography it was estimated the shed had been erected sometime between 23 July 2014 and 20 April 2016.

The Officer stated one of the qualifying criteria for Permitted Development stipulated that the nearest part of the agricultural building was not more than 75 metres from the nearest part of the principle group of farm buildings. 5

PC.07.11.17

Councillor Cathcart noted that no objections had been received in respect of the application and asked if it had been brought as a result of enforcement matters.

In response the Officer confirmed that a member of the public had reported the shed to the Planners and subsequently submitted a complaint.

At this stage the Head of Planning confirmed that to be the case adding that warning letters had also been issued.

Alderman Girvan commented on the shape of the barn and sought clarification on what attempts had been made to integrate it into the countryside such as landscaping.

The Officer confirmed that the applicant had undertaken measures to integrate the shed into the countryside through the planting of evergreen and deciduous trees along the site boundary. She acknowledged that while the shed did adequately integrate into the countryside planning policies could not be set aside on those grounds as that could create a widespread precedent.

Alderman Girvan then sought clarification on what constituted exceptional circumstances.

In response the Officer stated that every case was different and therefore should be judged on its own merits. However, the wording of the policy should be considered carefully in that it must be the exception, there must be no alternative sites beside the main farm group and it must be essential. She added in this case exceptional circumstances had not been met as there was ample space available at the main farm group and no persuasive evidence had been submitted to justify the alternative site. It was not sufficient for the building to be simply more convenient for the applicant.

The Chairman advised that speaking rights had also been awarded to Andy Stephens, from Matrix Planning.

The Chairman invited Mr Stephens forward at this stage.

Mr Stephens thanked members for the opportunity to speak in support of the application which he noted had no third party objections, no traffic management issues, no impact on residential amenity and no concerns with integration or design of buildings in the countryside.

He noted that it had been accepted by the professional officers that there was an active and established farm business. However, the predominant issue was that the proposal was sited over 150 metres away from the main farm group.

Mr Stephens stated that whilst the preferred policy approach was to group buildings together, it was not the only approach, as exceptions could apply under Policy CTY12. The test in considering exceptions was not one of perfection, especially when fully considering and understanding why the policy sought buildings to be 6

PC.07.11.17 grouped in the first instance. The purpose for grouping buildings was to assist with integration in the landscape and inadequate weight had been attached to this in the recommendation reached.

The substantial amount of landscaping around the shed, along the lane and along the surrounding field boundaries had been acknowledged and when viewed from the road, especially given the green cladding, the shed did indeed blend sympathetically with the landscape. Mr Stephens stated on that basis the lack of grouping with the main farm group was not determining in this specific instance when taking account of the policies thrust and intention and that determining weight could be attached to its superior integration at this lower position if a balanced approach was adopted.

Notwithstanding the above Agricultural (PD) rights represented a valid fallback position for the applicant irrespective of their intention to avail of them, which would constitute a material consideration.

The relevant legal judgement for considering “fallback” was Zurich Assurance Ltd T/A Threadneedle Property investments v North Lincolnshire Council & Simons Developments Ltd. Fallback scenarios are considered at paragraph 75, where it stated that;

“The prospect of the fallback position does not have to be probable or even have a high chance of occurring; it has to be only more than a mere theoretical prospect. Where the possibility of the fallback position happening is “very slight indeed”, or merely “an outside chance”.

Mr Stephens stated that there was nothing to prevent the applicant from building a 500sqm building 12m in height, 75sqm from the corner of the nearest building of the farm group. This would be in an open field, twice the size of the shed to which permission was sought and would be highly visible in the landscape by comparison. On that basis the justification provided was, in his opinion, significantly flawed, lacked any degree of balance or reasoned analysis of the policies implications for the proposal under consideration.

He suggested that planning policy should not be slavishly adhered to adding that case law continued to reinforce that view. Any minor infringement to meet the letter of policy would not be determining in this instance taking account of the specific circumstances and the thrust and direction of the policy in the round to assist with integrating buildings in the landscape. Unfortunately, he noted that all too often there was a lack of planning judgement and a slavish mentality to policy when common sense and judgement dictated otherwise.

Mr Stephens thanked members for their time.

Councillor McIlveen asked why the shed had been situated at that location rather than on the main farm.

In response Mr Stephens stated that the test which had been applied to this application was a test of perfection. He also stated that in other council areas it was deemed enough to state that it was needed. He commented that no one present 7

PC.07.11.17 was a farmer and stated that the shed was deemed essential for the running of the farm business. Continuing he added that there was an existing laneway already in place leading up to the shed in question and therefore urged members to consider the purpose of the policy.

Councillor Walker asked Mr Stephens to clarify what the exceptional circumstances were in this case.

In response Mr Stephens stated that the exceptional circumstances were that the shed was required for the efficient operation of the farm holding.

Expressing some concern, Alderman Gibson noted the shed had been built without the required planning permission although he noted that it was sited along a hedgerow.

At this stage Mr Stephens commented that the shed itself was relatively small and had been built for efficiency purposes. He noted that the shed had its own access and would enable the flock of sheep to graze, to be housed during the winter and to store feed. Continuing Mr Stephens stated that the shed had been integrated into the landscape and reiterated that the applicant could build a bigger shed under Permitted Development.

Councillor Cathcart queried why the applicant had not pursued the Permitted Development option and had instead chosen to build the shed at this location.

Mr Stephens advised that the applicant had a number of different business entities and he had chosen this particular position for efficiency purposes as it was in the middle of the farm holding as defined under the Planning Policy.

Alderman McDowell expressed the view that to permit this shed to remain could result in a precedent being set, enabling people to build anywhere on a holding.

Mr Stephens commented that the issue of detriment had not previously been raised. Therefore, in his opinion, the use of discretionary powers should be considered along with the facts of each individual case.

Alderman Girvan expressed the view that it was doubtful that a precedent would be set as what she deemed as a small shed had been sited in a very good position and in her opinion was efficient for the functioning of the business due to its central position on the farm holding.

The Chairman thanked Mr Stephens for his presentation and he returned to the public gallery at this stage – 7.52pm.

In response the Senior Professional and Technical Officer provided further clarification in respect of the correct wording of the exceptionality test. The Policy was very clear that alternative sites away from the farm buildings could only be considered where there were no other sites available at another group of buildings on the holding, and where it was essential for the efficient functioning of the business or there were demonstrable health and safety reasons. Continuing she reiterated 8

PC.07.11.17 that in this case she did not consider the exceptionality test to be engaged as there was ample space available to accommodate an additional agricultural building beside the main farm group. In addition, due to the relatively short distance between the shed and the main farm buildings, the proposed uses could not be considered essential there rather than in a building beside the farm group. The officer stated that compliance with planning policy was in the public interest and a matter of acknowledged importance. There was huge scope in the countryside for various forms of development to integrate successfully. To set aside policy on those grounds would set a very widespread precedent that would completely undermine the policy and the ability to manage development in a consistent manner. In response to the suggestion that agricultural permitted development rights represented a valid ‘fall-back position’ for the applicant, the officer clarified that a ‘fall-back position’ insinuated an alternative for the site in question. A building on the site could not be built under the provisions of The Planning (General Permitted Development) Order 2015. However, even if the application was granted planning permission, additional buildings that met the criteria for agricultural permitted development, could also be erected elsewhere on that holding. Therefore, it was the view of the officer, that this argument should not be given material weight.

In response to a query from the Chairman, the Officer confirmed that the shed had been well integrated into the landscape; however, that did not justify setting aside the policy requirement for it to be sited beside existing farm buildings.

Councillor Smart alluded to earlier suggestions that further development of the site could be undertaken with the add-on of further buildings and he sought clarification on that.

The Officer confirmed that additional buildings could be erected without planning permission under the provisions of permitted development subject to a number of qualifying criteria, one being that the separation distance was no greater than 75m from the nearest part of a group of principal farm buildings.

At this stage Councillor Walker commented that the policy was clear as stated by the Planning Officer and in this case the applicant had proceeded to build the shed without Planning Permission and therefore he now had to deal with the consequences. He noted that the application was contrary to planning policies and did not merit being considered as an exceptional case as it had not been demonstrated why the proposal had not been sited beside existing farm buildings. Therefore, in his opinion the applicant had been ‘caught on’.

Proposed by Councillor Walker, seconded by Councillor Smart, that the recommendation be adopted and that planning permission be refused.

The proposal was put to the meeting and was declared carried with 7 voting FOR, 3 AGAINST and 1 ABSTENTIONS.

FOR (7) AGAINST (3) ABSTAINED (1) ABSENT (0) Aldermen Alderman Alderman Fletcher Gibson Girvan Henry 9

PC.07.11.17

McDowell Councillors Dunne Councillors McIlveen Cathcart Smart Thompson Walker

RESOLVED, on the proposal of Councillor Walker, seconded by Councillor Smart, that the recommendation be adopted and that planning permission be refused.

5.2 LA06/2015/0448F- 60m NE of 10 Greengraves Road, Newtownards

PREVIOUSLY CIRCULATED:- Copy documentation (Appendix III)

. DEA: Newtownards . Committee Interest: A delegated application called-in by Planning Committee Proposal: New Dwelling and Garage . Site Location: 60m NE of 10 Greengraves Road, Newtownards . Recommendation: Refuse Planning Permission

The Principal Professional and Technical Officer outlined the proposal which was for a dwelling and garage on a farm adding that it was appearing in front of Committee as it had been called in from the delegated planning application list by Councillor McIlveen.

Continuing, the Officer outlined the characteristics of the site and area stating that it was associated with and shared a boundary with a two-storey dwelling and stone farm buildings. The farm holding was found at the end of a 220m private laneway and the laneway also served a second property at No.8.

She stated that given the distance from the Greengraves Road the site itself was not visible to passing traffic and added that there was some woodland to the north and east of the site which further restricted views of the farm house from the road. Continuing she noted there were a few large farm holdings along the southern side of the Greengraves Road and the character was very much characterised by agricultural land.

The Officer stated that CTY1 made provision for ‘a dwelling on a farm in accordance with Policy CTY10' and CTY 10 was therefore the main policy consideration for this application. Consistent with the SPPS, planning permission would be granted for a dwelling house on a farm where all of the following criteria could be met:

(a) the farm business was currently active and had been established for at least six years; (b) no dwellings or development opportunities out-with settlement limits had been sold off from the farm holding within 10 years of the date of the application. This provision would only apply from 25 November 2008; 10

PC.07.11.17

(c) the new building was visually linked or sited to cluster with an established group of buildings on the farm and where practicable, access to the dwelling should be obtained from an existing lane.

She stated that the proposal was considered to meet parts (b) and (c) of the policy and the design and integration were considered to be appropriate to this area. The issue with the proposal was the failure to meet part (a) of the policy. It was acknowledged that there was a farm business however, as the policy required the farm business was not currently active. Farm maps had been submitted with the proposal for 2013 which would have reflected single farm payments made in 2012. Since then the farm lands had been let out in conacre and the active farming function had transferred to those who had the land in conacre.

The Officer advised that the applicant was provided with the opportunity to submit additional information demonstrating evidence of current active farming.

She stated that all evidence suggested the land was rented out and it was the tenant who had been carrying out those activities and was therefore the active farmer. She added that she had received no evidence that would persuade her the applicant was actively farming. While the business existed, it no doubt received income from the rent of land however existence itself was not the test.

At this stage the Officer referred to the agricultural authority, which in its 2016 Guide to the Basic Payment Scheme, defined ‘active farmer’ as fulfilling three elements: decision making power, benefits, and financial risks. With reference to land taken in conacre, the guidance was clear in that ‘it will generally be the case that it is your conacre tenant who carries out the main agricultural activity on the conacre land’.

On the day the application was called in from the delegated planning application list, the applicant had submitted additional information which was fully considered. Information submitted included farm accounts, water bills, various receipts and invoices for fencing, general garden maintenance and cement. Receipt from monies from SFP and CMS had also been supplied up until 2013 along with a letter from DARD explaining that as the scheme terminated in 2013 no further claims could be made. There had been no evidence of agricultural activity presented to the case officer. The only farm map that was able to be submitted was one dating from 2013. On perusal of additional information, it was considered that the test of currently active farming had not been satisfied.

The Officer commented that throughout the processing of the application the third part owner of the business had been an objector to the proposal. She had informed the Council that the farm business was not engaged in active farming as land was rented in conacre. In addition, the applicant’s solicitor had confirmed that the applicant was not currently actively farming.

Given the assessment of policy and information submitted with the application it was considered that the farm land associated with this business was let out in conacre and did not therefore meet the active farming test set out in CTY10(a) and refusal of the proposal was recommended.

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Alderman Gibson noted that land had been let out in conacre and asked if the tenant had submitted the application would they have been permitted planning permission.

In response the Principal Professional and Technical Officer confirmed that was correct.

In response to a query from the Chairman, the Principal Professional and Technical Officer confirmed that the proposal was for a dwelling on a farm.

RESOLVED, on the proposal of Councillor Walker, seconded by Alderman Henry, that the recommendation be adopted and that planning permission be refused. ` 5.3. LA06/2016/0967/F – 3 Victoria Road, Holywood

PREVIOUSLY CIRCULATED:- Copy documentation (Appendix IV)

. DEA: Holywood and Clandeboye . Committee Interest: Six or more objections received which are contrary to the officer’s recommendation . Proposal: Demolition of existing outbuilding and construction of new 2 storey rear extension . Site Location: 3 Victoria Road, Holywood . Recommendation: Grant Planning Permission

The Principal Professional and Technical Officer advised that the proposed application was for full permission for the construction of a new 2 storey rear extension and included the demolition of the existing outbuilding. Demolition Consent had been applied for as the site was located within a Conservation Area. It was noted that the proposed development was to be entirely within the domestic curtilage of the dwelling and furthermore the principle of an appropriately designed domestic extension was acceptable within this established built up area.

The site itself was located within the settlement limit of Holywood and the application site lay within the boundaries of Holywood Conservation Area. It was located on the south-western side of Victoria Road and was occupied by a 3 storey mid terrace dwelling. The building was centrally located within a terrace of 3 dwellings, all of which were finished in cement render with pitched natural slate roofs. All of the properties in the terrace had various outbuildings and returns to the rear. Members were advised there was a large white rendered building to the rear of no. 1 which had been converted into a single dwelling and was now known as 1 Victoria Close. There was a lean to single storey outbuilding attached to the southern wall of that dwelling which was located in the rear yard of No. 3 and was subject to the Demolition Consent. The building to be demolished was finished in smooth render and roof was corrugated metal. The rear yard of No. 3 was enclosed by a natural stone wall and brick wall and the rear returns of a listed terrace known as The Crescent were located beyond the south-western boundary of the site.

At this stage the Officer referred to policy considerations. Section 104 of The Planning Act (Northern Ireland) 2011: set out different requirements to Planning 12

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Policy Statement 6: Planning, Archaeology and the Built Heritage and in any given case shall take precedence over PPS6. Holywood Conservation Area Design Guide: provided guidance to ensure that the special established characteristics of the Holywood Conservation Area were conserved or enhanced.

Members were informed of the following consultations which had been undertaken.

Ards and North Down Borough Council Conservation Officer: No objections with one condition to retain stone boundary wall.

Historic Environment Division: Historic Buildings (HED: HB): No objections subject to conditions.

HED: HB considered that the proposal satisfied Policy BH11 (Development affecting the setting of a Listed building) of Planning Policy Statement 6 – Planning, Archaeology and the Built Heritage subject to conditions. Those conditions were as follows;

 Rear extension shall be of simple traditional form and shall have no projections;  Roof shall be finished in natural slate;  Walls shall be smooth render;  Rainwater-ware shall be cast iron or cast aluminium;  Windows in walls shall be traditionally detailed timber painted sliding sash with simple one over one panes;  Windows in roofs shall be Conservative type roof windows;  Doors shall be traditionally detailed hardwood painted or polyester powder coated aluminium.

The agent amended the drawings to meet the criteria and the amendments were re- advertised, neighbour notified and following that 2 objections were received.

HED assessed the application and on the basis of the information provided was content that the proposal was satisfactory in line with the SPPS and PPS 6 archaeological policy requirements.

Section 104 (11) stated; Where any area is for the time being designated as a conservation area, special regard must be had, in the exercise, with respect to any buildings or other land in that area, of any powers under this Act, to the desirability of:

(a) Preserving the character or appearance of that area in cases where an opportunity for enhancing its character or appearance does not arise; (b) Enhancing the character or appearance of that area in cases where an opportunity to do so does arise.

The Principal Professional and Technical Officer stated that the proposed extension broadly reflected the height of the adjacent dwelling known as 1 Victoria Close. The current proposal was of a similar scale to this previous approval and it was to be situated to the rear, therefore not visible from Victoria Road.

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She confirmed that all objections had been considered during the processing of the application and the main concerns raised included:

 Loss of Light / Overshadowing  Spacing between buildings, safeguarding of privacy, scale and massing of buildings  Scale  Style & Finishes within a Conservation Area  Loss of Light/Dominance  Concerns over the proposal being a self-contained unit

The applicant had not applied for a self-contained unit. The application was for an extension to existing dwelling known as 3 Victoria Road and the application had been assessed as an extension as that was what the applicant had applied for. The extension, should it be granted Planning Permission, shall be conditioned so that its use remained ancillary to the main dwelling.

In respect of privacy the proposal had been designed in such a way that over-looking was minimal. All windows/doors would be situated on the southern elevation of the extension which faced onto the applicant’s own amenity space. Those windows would also face towards the amenity space of No. 5 Victoria Road (within the ownership of the applicant). The Council’s Conservation Officer had advised that the existing stone wall to the rear of the property should be retained in way of a condition.

The Officer stated that given the assessment of the application grant of planning permission was recommended.

RESOLVED, on the proposal of Councillor Smart, seconded by Alderman Girvan, that planning permission be granted.

5.4. LA06/2016/0968/DCA- 3 Victoria Road, Holywood

PREVIOUSLY CIRCULATED:- Copy documentation (Appendix V)

. DEA: Holywood and Clandeboye . Committee Interest: Local application attracting six or more separate individual representations which are contrary to the officer’s recommendation . Proposal: Demolition of existing outbuilding and construction of new 2 storey rear extension . Site Location: 3 Victoria Road, Holywood . Recommendation: Grant Consent

The Principal Professional and Technical Officer commented that as the proposal was located at the same site as Item 5.3 she would not go into the detail of the description of the site as the Committee would now already be aware of it.

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She advised members that the proposal before them was to demolish within a Conservation area and as such that required planning consent. It was noted the present outbuilding was considered not to add to the Conservation area.

The Principal Professional and Technical Officer confirmed that Grant of Consent to demolish was therefore recommended.

RESOLVED, on the proposal of Alderman Girvan, seconded by Councillor Cathcart, that consent be granted.

6. PROPOSED WORKSHOP TO DISCUSS AMENDMENTS TO THE PROTOCOL FOR THE OPERATION OF THE PLANNING COMMITTEE

PREVIOUSLY CIRCULATED:- Report from the Director of Regeneration, Development and Planning detailing that: 1. The Protocol of the Operation of the Planning Committee as published on the Council website states that the Council would operate its Planning Committee in line with its approved Standing Orders.

2. A report on amendments to the Council’s Standing Orders was considered at the Council meeting on 30 August, and it was timely to review the Protocol in light of this and other experiences in the application of the Protocol at Planning Committee over the past year.

3. A workshop was held on 3 October with a large number of Planning Committee members attending. Unfortunately, it was not possible due to the debate around some of the items to conclude discussions.

4. It was considered that outstanding matters required to be discussed as follows:

a. Quorum and situation whereby large number of members declare interest at same time; b. Committee Decision Making Options c. Recorded vote d. Representation at planning appeals e. Deferrals f. Site Visits g. Attendance by legal adviser h. Frequency of meetings

5. It was considered that those outstanding matters could be discussed as an agenda item at the December Planning Committee meeting. Following which order a draft updated Protocol would be prepared for future discussion and approval. RECOMMENDED that the members approve the inclusion on the December agenda of further discussion on the Protocol. 15

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Alderman McDowell expressed some concern with the proposal to discuss the matter at the December meeting of the Committee as he felt there may not be enough time. Instead he suggested that a further workshop was arranged so that the matter could be discussed more in depth and a report brought back in due course. He suggested that a workshop was held before the Planning Committee in December 2017.

The Head of Planning reminded members that Alan Patterson Design had been invited to speak prior to the December Planning Committee about the proposal for a new 900 home housing development in Comber.

At this stage Alderman McDowell asked that members were provided with a 2018 Timetable of Council meetings by the Democratic Services team.

The Head of Planning commented that it was being proposed not to have the January 2018 meeting of the Planning Committee due to the Christmas and New Year holidays and the need to protect the Council in respect of the potential for reputational damage, given that the schedule of applications and deadline for submission for speaking rights would fall over the holiday period.

The Director of Regeneration, Development and Planning confirmed that consideration could be given to holding a workshop in January 2018 in place of the Planning Committee meeting.

Alderman McDowell proposed, seconded by Councillor Thompson, that it was agreed to hold a workshop in January 2018 on a date to be confirmed.

AGREED TO RECOMMEND on the proposal of Alderman McDowell, seconded by Councillor Thompson, that a workshop was held in January 2018 on a date to be confirmed.

FURTHER AGREED TO RECOMMED on the proposal of Alderman Gibson, seconded by Councillor Dunne, that the report be noted.

7. UPDATE ON PLANNING APPEALS (Appendix VI)

PREVIOUSLY CIRCULATED:- Report from the Director of Regeneration, Development and Planning providing an update on Planning Appeals as detailed below.

Decisions

1. The following appeal was dismissed on 25 October 2017:

Appeal reference: 2017/A0001 Application Reference: LA06/2016/0315/O Appeal by: Mr John Burgess Subject of Appeal: Development of 5 Residential Dwellings 16

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Location: Opposite 7b and 7c Hazelwood Lane, Lisbane, Comber,

The Council refused this application on 1 December 2016 with the following refusal reasons:

 The proposal was contrary to Policy CTY1 of Planning Policy Statement 21, Sustainable Development in the Countryside in that there were no overriding reasons why this development was essential in this rural location and could not be located within a settlement.  The proposal was contrary to Policy CTY 13 and CTY14 of Planning Policy Statement 21, Sustainable Development in the Countryside in that the buildings would, if permitted: be unduly prominent in the landscape; result in a suburban style build-up of development when viewed with existing buildings; and would create a ribbon of development and therefore would result in a detrimental change to the rural character of the countryside.  The proposal was contrary to Policy CTY13 of Planning Policy Statement 21, Sustainable Development in the Countryside, in that the proposed buildings were a prominent feature in the landscape and the proposed site lacked long established natural boundaries and was unable to provide a suitable degree of enclosure for the buildings to visually integrate into the surrounding landscape.  The proposal was contrary to Policy CTY15 of Planning Policy Statement 21, Sustainable Development in the Countryside in that the development would if permitted result in urban sprawl.

The appeal had been heard by way of an accompanied site visit on 10 August 2017.

The Commissioner’s report was published on 25 October 2017 in which he stated that all four reasons put forward by the Council in its refusal were determining and sustained.

The accompanying application for award of costs for £14,000 against the Council was also denied, with the Commissioner stating that he was not persuaded that the claimant incurred unnecessary or wasted expense in mounting an appeal case.

The appeal decision was appended to this report.

New Appeals Lodged

2. The following appeal was lodged with the Planning Appeals Commission on 5 October 2017.

Appeal reference: 2017/A0135 Application Reference: LA06/2017/0286/O Appeal by: Mrs Jenny McBriar Subject of Appeal: Infill site for dwelling and domestic garage Location: Between 128 and 130 Ballystockart Road, Comber

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The Council refused this application on 2 June 2017 with the following refusal reasons:

 The proposal was contrary to the Strategic Planning Policy Statement and Policy CTY8 of Planning Policy Statement 21, Sustainable Development in the Countryside in that the proposal does not constitute a small gap site within an otherwise substantial and continuously built up frontage and would, if permitted, result in the creation of ribbon development along Ballystockart Road;  The proposal was contrary to Policy CTY 14 of Planning Policy Statement 21, Sustainable Development in the Countryside in that the proposal would, if permitted create a ribbon of development along Ballystockart Road and would therefore result in a detrimental change to the rural character of the countryside.

Details of appeal decisions, new appeals and scheduled hearings can be viewed at www.pacni.gov.uk.

RECOMMENDED that members note the content of this report.

AGREED TO RECOMMEND on the proposal of Alderman Gibson, seconded by Alderman Girvan, that the recommendation be adopted.

8. PLANNING BUDGETARY CONTROL REPORT – SEPTEMBER 2017

PREVIOUSLY CIRCULATED:- Report from the Director of Regeneration, Development and Planning attaching the Planning Budgetary Control Report which covered the 6-month period 1 April to 30 September 2017 and was set out below. The net cost of the service was showing an under spend of £49,054 (14.8%).

Explanation of Variance

A Budgetary Control Report by Income and Expenditure for Planning was, also, attached which analysed the overall favourable variance (£49,054) by expenditure (£104,882 favourable) and income (£55,828 adverse).

PLANNING

Expenditure - £104.9k (11.9%) better than budget to date. This favourable variance was mainly made up of the following: -

a. Payroll £91.5k favourable due to vacancies. The 2017/18 budget included an allowance for 9 new posts. 4 posts had now been filled with the remaining 5 to be filled in December. b. There were small underspends to date on hired services (£6.8k) and mileage (£2.9k).

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Income - £55.8k (10.2%) worse than budget to date. This adverse variance was mainly made up of the following: -

c. Planning application income was £56.4k worse than budget to date. d. Planning Property Certificate income was £0.6k better than budget to date.

BUDGETARY CONTROL REPORT By Directorate and Service

Period 6 - September 2017

Note Year to Date Year to Date Variance Annual Variance Actual Budget Budget £ £ £ £ %

Planning

330 Planning 282,846 331,900 (49,054) 777,700 14.8

Totals 282,846 331,900 (49,054) 777,700 14.8

BUDGETARY CONTROL REPORT By Income and Expenditure

Period 6 - September 2017

Expenditure Income Note Actual Budget Variance Actual Budget Variance £ £ £

Planning

330 Planning 774,018 878,900 (104,882) (491,172) (547,000) 55,828

Totals 774,018 878,900 (104,882) (491,172) (547,000) 55,828

RECOMMENDED that members note the content of the report.

AGREED TO RECOMMEND on the proposal of Councillor Thompson, seconded by Councillor Smart, that the recommendation be adopted.

9. GOVERNANCE ARRANGEMENTS FOR LOCAL DEVELOPMENT PLAN (LDP) (Appendix VII)

PREVIOUSLY CIRCULATED:- Report from the Head of Planning detailing that work had commenced on preparation of Council’s new LDP and members had also been

19

PC.07.11.17 involved in a series of LDP workshops in relation to this new responsibility as the planning authority.

Members would be aware of the work undertaken to date by Council’s Local Development Plan team, including the gathering of borough-wide baseline evidence and the presentation of this to members through a series of topic-related papers and accompanying workshop programme (scheduled from September 2017 – March 2018). The information contained within the papers would be updated as required throughout the LDP programme.

The purpose of this report was to seek members’ agreement to set up a Steering Group and Project Management Team for the production of the Ards and North Down Local Development Plan (LDP).

The Council’s ‘Statement of Community Involvement’ (SCI) stated that the Council would set up a Steering Group comprising elected members of the Council and Senior Council Officers.

The Plan Timetable had now been agreed with the Department for Infrastructure. To coincide with the publication of the Plan Timetable, it was proposed to establish a Steering Group and Project Management Team.

Establishment of LDP Steering Group

To ensure strategic overview and input on behalf of the whole community, in addition to planning professionals of the LDP team, a high-level co-ordinating body needs to be established. This group would be known as the ‘LDP Steering Group’.

In amplification to the Council’s SCI, it was proposed that the group would include:

• Planning Committee; • Director of Regeneration, Development and Planning; • Head of Planning; and • The Chief Executive – as required.

An invite would also be issued to Heads of Service within Council, in respect of their relevant responsibilities, which would be cross-cutting, in respect of the LDP as and when required.

It was envisaged that this group would meet quarterly at 5pm - prior to the Planning Committee meeting (or otherwise as may be required) to ensure that the deadlines set out in Council’s LDP timetable had been met.

The group would play a key role in agreeing the content and publication of the following documents:

• Preferred Options Paper (POP); • Plan Strategy; and • Local Policies Plan

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The first document to be published was the ‘POP’. The draft LDP Timetable outlined an indicative date for publication as Quarter 2-3 2018/19. This was the first public consultation stage of the Plan. It provided the basis for consulting the public and stakeholders on key issues identified in the Borough and Councils’ options for addressing them; aiming to stimulate debate and comment and allow interested parties to become involved from the early stage of Plan preparation.

The robust evidence base and expert input from key stakeholders would be used to appraise the sustainability of the proposed options, resulting in Council’s ‘preferred options’.

As outlined in Council’s LDP Timetable and SCI, the POP would be subject to a 12- week public consultation period. The responses received during this period would be analysed and taken in to account in the preparation of the Plan document, known as the ‘Plan Strategy’.

Draft terms of Reference were set out at Item 9a for consideration.

Establishment of Project Management Team

In order to oversee the implementation and publication of the Sustainability Appraisal (SA) (including Strategic Environmental Assessment - SEA) and in line with Council’s Statement of Community Involvement in Planning (SCI), a Project Management Team will be established, comprising the following:

 Senior Officers from the Council;  The Principal Planning Officer;  Representatives from key statutory/government departments and adjoining councils – where appropriate; and  Shared Environmental Services (SES) – as the consultant preparing the SA incorporating the SEA – where appropriate.

The purpose of the team was to ensure key consultees co-operate in the plan making process. The Project Management team would be consulted on and act as the scoping group for the SA, incorporating SEA, and Equality Impact Assessment (EQIA).

Key consultees (as stated above) would be invited to participate by providing information on key strategic issues that the LDP should address. An invite would also be extended internally to other Council officers as appropriate.

The purpose of the team was to facilitate key consultee co-operation in the plan making process. This team would be consulted on and act as the scoping group for the SA (including SEA) and any other necessary assessments and appraisals.

It was envisaged that this team would meet quarterly (or otherwise as may be required) to ensure that the deadlines set out in Council’s LDP timetable were met.

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The Council's SCI allowed for the invitation of adjoining councils where appropriate. Membership would be considered in due course.

Draft terms of reference were set out at 9b for consideration.

RECOMMENDED that members note the content of the report and agree to:

 the establishment of the LDP Steering Group; and the Project Management Team and to the circulation of the respective draft Terms of Reference to those groups for consideration.

Councillor Smart proposed, seconded by Councillor McIlveen that the recommendation be adopted.

In response to a query from Alderman McDowell about the role of the Steering Group, the Head of Planning advised that the role of the Group would be to review a number of options coming forward from the elected member workshops on the LDP, particularly in respect of preparation of the Council’s Preferred Options Paper. It was further noted that the Group would play a key role in agreeing the content and publication of three key LDP documents.

AGREED TO RECOMMEND, on the proposal of Councillor Smart, seconded by Councillor McIlveen, that the recommendation be adopted.

10. NORTHERN IRELAND PLANNING PORTAL (NIIP) STRATEGIC UPDATE ON THE NEED FOR A NEW PLANNING IT SYSTEM

PREVIOUSLY CIRCULATED:- Report from the Head of Planning detailing that The NI Planning Portal (NIPP) system was used by the Department for Infrastructure, the 11 councils and the Regional Property Certificate Unit to process planning applications and consents, enforcement cases, property certificates, tree preservation orders etc. The system was used by the public, Departmental and council staff, planning agents, solicitors and consultees. There were almost 9,500 registered users in Public Access. During 2015/16 the NIPP handled:

 Over 12,000 planning applications including 145 major development and 6 regionally significant development applications;  Over 11,000 planning applications decisions;  Almost 3,000 enforcement cases (opened); and  Issued over 42,000 consultations including statutory, non-statutory and advice & guidance.

1. The NIPP was developed over ten years ago when the Department was the single planning authority. While the system was still operational, it was reaching the end of its operational life and no longer met all of the needs of users. The contract for the maintenance and support of the system ended in March 2019. 22

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Plan for identifying a new planning IT system

2. The Department and local government colleagues had been working together to identify the way forward for any new planning IT system. This work was being taken forward in stages: initially with a Discovery exercise, to identify the key requirements of any new planning IT system, followed by the development of a business case to identify the preferred option for a new planning IT system.

3. The Discovery exercise had been taken forward by consultants Deloitte over the summer. This had involved engagement with a wide range of stakeholders with over 30 workshops attended by over 170 people from the local government, central government and other organizations. This work had been very positive and there had been widespread agreement on the key functions of any new planning IT system. The proposed main functions of a new planning IT system could be used by the Department and local government were as follows:

 Ability to accept on-line applications in order to move towards a paperless process;  Ability to accept on-line payments;  Ability to manage and monitor large volume of planning applications;  Notifications and alerts for application updates for all users of the system  A consistent mapping service with easy to select mapping layers with each Authority having the ability to manage its own default filters;  A search function that would allow users to search the system across several different search criteria, and enable each Authority to create and save its own standard searches.  Ability for each Authority to manage, customize and maintain its own templates, and library of conditions and refusal reasons;  Ability for each Authority to produce its own core reports including Key Performance Indictor reports.

4. At this stage the new system would also include property certificates; this would need to be confirmed following a review of the Property Certificates Service.

5. The Discovery phase also identified four emerging business solutions:

i. One shared IT system that was collectively managed / controlled; ii. One shared IT system that was collectively managed / controlled but with local control for specific functions; iii. One shared public facing IT system with back-office IT system for each Department and local council; iv. Twelve standalone IT systems – one for each Department and local council.

6. Those outcomes from Discovery would be used to inform the development of a Business Case. The Department and local government had recently appointed PA Consulting to undertake this work, their agreed line was detailed below. This would provide an impartial view of the available options, taking into consideration

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costs, timeframes, governance & funding arrangements, and would recommend a preferred option going forward for a new planning IT system.

7. The key stages in the identification of a new planning IT system were:

 Complete Discovery – September  Procure consultants for business case – September  Develop draft business case – October  Department and Local Government to consider draft business case – November  Develop final business case (to reflect feedback from Department and Local Government)

8. The latest update from the Department on 23 October 2017 confirmed appointment of PA Consultancy to develop the business case, and a revised work programme for the development of the business case was outlined as follows:

Milestone Delivery Date Completion PID 15/10/17 Agreed Start Market Sounding 31/10/17 Market Sounding responses 30/11/17 Market Sounding – meetings 22/12/17 Completion of Market Engagement Report 19/01/18 Option analysis with preferred option identified 19/01/18 Submission of final draft of Business Case 31/01/18

9. The timescale for this work programme was longer than originally planned because of the inclusion of a market sounding exercise for a new planning IT system. This activity was not factored into the original timetable but was highlighted by Deloitte as part of the Sprint 3 review. Subsequently, PA had also agreed that market sounding should be undertaken as it helped to better understand the potential options for a new IT system and critically the associated costs and timeframes for implementation. This additional work had been factored into the programme by PA at no additional cost.

RECOMMENDED that members note the content of this report.

Alderman Girvan agreed that an improved Planning Portal was required and sought clarification on whether or not a Business Case had been undertaken and if it had been established whether or not each Council would be required to make a contribution to any new Portal.

In response the Head of Planning advised that previous reports to the Committee had suggested that a total cost of £4M which would result in a cost of £400,000 to each Council.

Alderman McDowell suggested that such expenditure should be met by the Department given the substantial sums involved. Continuing he noted the Discovery

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PC.07.11.17 exercise had been undertaken by Deloitte consultants but noted that no elected members or Planning Committee members had been consulted on this matter. He added that it was important for elected members to understand the process and be involved in the consultation process. Continuing he also acknowledged the need to give consideration to not only the upfront costs but also ongoing maintenance costs.

Alderman Gibson commented that any new system needed to be efficient and provide value for money.

At this stage the Chairman asked if Council officers had the expertise required to deal with the needs of any new Planning Portal.

The Head of Planning stated that she had not been aware that Elected Members had not been involved in the Discovery Process, which had been run by DFI. Continuing she stated that there were two systems currently in place, one front facing to the public, and the backend which was used by the officers and consultees. The current system was due to expire by the end of March 2019 and it presented problems to officers who had to use a number of work-arounds. Continuing she agreed that currently any changes required by one Council to the current system required to be agreed and paid for by all the other councils. In looking forward to a joint system across the 12 authorities she noted that each council had slightly differing requirements. It was noted that officers in Ards and North Down had expressed an interest in a joined up approach in conjunction with Building Control and Environmental Health. She added that a wide range of stakeholders had been involved in the Discovery Process and reiterated that she had not been made aware that elected members had not been involved in that process.

Alderman McDowell reiterated that elected members had not been given the full information or consulted and expressing his unhappiness with that he asked Planning Offices to raise this with the appropriate people.

Alderman McDowell proposed, seconded by Alderman Gibson, that officers formally write to the Department enquiring why elected members were not consulted as part of the discovery process.

AGREED TO RECOMMEND, on the proposal of Alderman McDowell, seconded by Alderman Gibson, that officers formally write to the Department enquiring why elected members were not consulted as part of the discovery process.

FRUTHER AGREED TO RECOMMEND, on the proposal of Councillor Smart, seconded by Councillor Dunne, that report be noted.

EXPRESSION OF THANKS

At this stage the Chairman expressed his thanks to members for the professional manner in which they had conducted themselves throughout the meeting.

NOTED.

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TERMINATION OF MEETING

The meeting terminated at 8.45pm.

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ITEM 7.2

ARDS AND NORTH DOWN BOROUGH COUNCIL

A meeting of the Environment Committee was held in the Council Chamber, 2 Church Street, Newtownards on Wednesday, 8 November 2017 at 7.00 pm.

PRESENT:

In the Chair: Councillor Martin

Alderman: Henry

Councillors: Armstrong-Cotter Edmund Barry Ferguson Boyle Leslie Cathcart McAlpine Douglas Wilson

Officers: Director of Environment (D Lindsay), Head of Building Control, Licensing and Neighbourhood Environment (R Brittain), Head of Waste and Cleansing Services (N Martin), and Democratic Services Officer (H Loebnau)

1. APOLOGIES

Apologies for inability to attend were received from Alderman Fletcher and Councillor Cummings.

NOTED.

2. DECLARATIONS OF INTEREST

The Chairman, Councillor Martin, declared an interest in Item 15 – Response to Notice of Motion Regarding Fire Setting and asked the Deputy Chairman, Councillor Ferguson, to chair the meeting at that point on the agenda.

NOTED.

3. CONSULTATION DOCUMENT

3.1 DEFRA CONSULTATION ON WEE COMPLIANCE FEE 2017 (Appendix I)

PREVIOUSLY CIRCULATED:- Consultation document from DEFRA.

AGREED TO RECOMMEND, on the proposal of Councillor Barry, seconded by Councillor Leslie, that the consultation is noted.

EC.08.11.17

4. RECYCLING PROMOTIONAL VIDEOS

The Director explained that Council had produced two recycling promotional videos which had been used for the launch of the food waste and blue bin/glass recycling campaigns. Those would be actively used again in the run up to Christmas. Feedback to the short videos had been good and grant money had been provided to update the food waste recycling video with information about composting of green/brown bin waste. As part of the campaign, the videos would be shown in local cinemas during December and early January.

The short videos were then played and members of the committee believed they were very positive.

(Councillor Armstrong-Cotter left the meeting at 7.05 pm)

5. ED BUDGETARY CONTROL REPORT – SEPTEMBER 17 (FILE FIN45/40012)

PREVIOUSLY CIRCULATED:- Report by the Director of Environment detailing that the Environment Budgetary Control Report covered the 6-month period 1 April to 30 September 2017 and was set out. The net cost of services was showing an over spend of £109,654 (1.3%).

Explanation of Variance

In addition, a Budgetary Control Report by Income and Expenditure for the Directorate was shown which analysed the overall adverse variance (£109,654) by expenditure (£80,001 adverse) and income (£29,653 adverse).

ENVIRONMENT

Expenditure - £80.0k (0.7%) worse than budget to date. The adverse variance was mainly made up of the following: - 1. Waste and Cleansing Services - £190.1k adverse. a. A combined summary of the main waste stream variances was set out in the table below. £’000 Commentary Landfill 327.7 3.5k tonnes more than budget Brown/Green bin 148.4 2.7k tonnes less than budget waste Blue bin waste 69.8 1.8k tonnes less than budget

HRC waste 54.7 Higher tonnage than budget Total 164.2

Overall, the main waste stream budgets were showing an adverse variance of £164.2k. It was hoped the landfill adverse variance would reduce during the year as the glass collection service was now operational and there had been increased promotion of blue bin 2

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usage over the Summer. Both initiatives should result in less waste going to landfill. Implementation of the agreed permit system to better regulate rules around van and large trailer access to the HRCs should also assist in reducing waste processing costs. b. Payroll costs were £17.6k favourable to date.

c. Waste Collection route optimisation consultancy costs were showing an adverse variance of £14.3k but that would be met by a transfer from the Council’s Earmarked Fund as £30k was set aside for the revenue costs associated with the project in 2016/17. That accounting treatment meant that the service was charged with the expenditure so appeared over budget but there would be no impact on the Council’s overall performance as those costs would be funded by the Council’s Earmarked Fund.

d. Equipment repairs in the Waste Recycling Centres were £15.5k adverse to date as more repairs had been required to date than expected at the WRC’s.

e. Printing costs £9.6k (recycling information) and advertising costs £7.4k (graphics on bin lorries) were adverse to date.

2. Assets and Property Services - £78.1k favourable. a. Technical Services were £77.2k under budget to date. That was mainly due to: - i. Payroll costs were £34.6k favourable mainly due to vacant posts which were in the process of being filled. ii. Electricity (£24.4k) and water costs (£10.3k) were £34.7k under budget to date. iii. Contractor costs were £16.2k under budget to date. That covered areas such as statutory compliance work, refurbishments, playgrounds and statutory upgrades. 3. Building Control, Licensing & Neighbourhood Environment - £26.2k favourable. a. Dog Control Service (£11.0k), Litter Control (£5.9k) and Building Control Services (£5.8k) under budget to date due to a small number of favourable variances on running costs.

Income - £29.7k (1.3%) worse than budget to date. That adverse variance comprised: 4. Waste & Cleansing Services - £47.2k adverse. That was mainly due to trade waste income (£31.7k) and sale of glass income (£15.0k) being worse than budget to date. 5. Assets and Property Services - £11.3k adverse. Wind turbine income was £15.0k behind target to date. 6. Building Control income was £25.2k better than budget to date. 7. Property Certificate income was £10.5k better than budget to date. 8. Car Park income £10.9k worse than budget to date.

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BUDGETARY CONTROL REPORT By Directorate and Service

Period 6 - September 2017

Note Year to Date Year to Date Variance Annual Variance Actual Budget Budget £ £ £ £ %

Environment

200 Environment HQ 69,425 75,900 (6,475) 150,700 8.5 210 Waste and Cleansing Services 6,179,174 5,941,100 238,074 11,815,300 4.0 220 Assets and Property Services 2,470,402 2,537,200 (66,798) 5,464,800 2.6 230 Building Control, Licensing & Neighbour (27,247) 27,900 (55,147) 25,400 197.7

Totals 8,691,754 8,582,100 109,654 17,456,200 1.3

BUDGETARY CONTROL REPORT By Income and Expenditure

Period 6 - September 2017

Expenditure Income Note Actual Budget Variance Actual Budget Variance £ £ £

Environment

200 Environment HQ 69,425 75,900 (6,475) - - - 210 Waste and Cleansing Services 7,073,255 6,882,400 190,855 (894,081) (941,300) 47,219 220 Assets and Property Services 2,560,262 2,638,400 (78,138) (89,860) (101,200) 11,340 230 Building Control, Licensing & Neighbour 1,211,459 1,237,700 (26,241) (1,238,706) (1,209,800) (28,906) ------Totals 10,914,401 10,834,400 80,001 (2,222,647) (2,252,300) 29,653

RECOMMENDED that the Committee notes the report.

AGREED TO RECOMMEND, on the proposal of Councillor Cathcart, seconded by Alderman Henry, that the recommendation be adopted.

6. REMOVAL OF CHEWING GUM FROM PUBLIC REALM AREAS (FILE 40001)

PREVIOUSLY CIRCULATED:- Report from the Director of Environment detailing that the following Notice of Motion presented by Councillor Muir was agreed in September by the Council:

“That this Council requests that officers bring back a report on the options and associated costs associated with a scheduled programme of gum removal from new Public Realm pavements in relevant Towns across our Borough.”

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Officers had reviewed the options for the provision of a comprehensive chewing gum removal service for the Public Realm areas.

There were currently three main methods of removal practiced:

 High pressure washing  Steam/physical scrubbing  Chemical/ scraping

Conventional high pressure washing would remove both old and fresh chewing gum however there were a number of drawbacks. Those included the need for work to be carried out at night or early morning to avoid disruption to local businesses and the public. Care also needed to be taken to avoid spray debris being deposited on adjacent buildings and parked cars. In respect of the recent Public Realm Works, the Project Consultants had discouraged the use of high pressure washing, in view of the potential to damage grout and expansion joints, and the impact on the durability of the sealant applied to the stone, to stop the ingress of oil and grease spills.

There were currently a number of machines on the market that generated steam/superheated water to remove hardened chewing gum. The steam jet quickly softened the chewing gum and the residue could then be scrubbed off. That method was effective both for dealing with small areas blighted with chewing gum (hot spots) and individual pieces. As with high pressure washing, measures needed to be put in place to restrict pedestrians from the work area and the equipment needed a mobile generator to power the steam generating equipment, making the kit cumbersome. The supply of a bespoke gum removal machine comprising cleaner, with steam generator and water tank mounted in a trailer was quoted at £38,640.

The third method practice was the use of chemicals to freeze the chewing gum to make it brittle allowing it to be chipped off using a paint scraper. That method was only suitable for dealing with individual pieces of gum and would be very manpower resource intensive.

Currently the Cleansing Section did not have the necessary equipment to undertake either high pressure washing or steam cleaning to remove gum deposits and taking into consideration the present budgetary position, would not presently be in a position to either purchase or hire in the necessary equipment. It would also require either redeployment of existing operatives from their current roles to undertake chewing gum removal or alternatively, retention of additional manpower resource. The level of manpower requirement to implement a chewing gum removal programme using the type of new equipment referred to, was difficult to precisely quantify currently. Initially it could be up to £50K pa, although that may potentially drop off following an initial intensive phase of removal of longstanding pre-existing deposits of gum - after which a reduced programme coupled with the new street washing regime, may be adequate to control any fresh gum deposits.

As the Cleansing Section had already invested in a Pavement Wash/Scrubber for the Public Realm areas and had redeployed employees to that function, it was proposed that the necessary resources for a chewing gum removal programme was considered in the context of the rate setting process for the next financial year. As

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part of the review of existing services it was hoped to introduce Town Centre Wardens in the five Public Realm towns to undertake a range of cleansing duties in the town centres. It was proposed that the ongoing manual removal of chewing gum could be included among those duties.

The Environment Directorate was also working on the development of a Litter Control Strategy. That would include initiatives to target specific litter issues such as chewing gum and cigarette butts outside certain premises and litter hot spots. There would also be a focus on education initiatives and possible sign-up to national campaigns such as Chewing Gum Action Group.

RECOMMENDED that the potential for allocation of necessary financial resources to a chewing gum removal programme for the Public Realm works was considered during the estimates process for 2018 – 2019.

Councillor Barry thanked the Head of Waste and Cleansing Services and his team for the report and also Councillor Muir for raising the issue in the first instance. There had been a large amount of money invested in the Public Realm Schemes and the public now wanted the streets to remain fresh and clean. Chewing gum on pavements was unsightly and Council did not currently have the equipment to remove it. Members were advised that investment in new equipment would cost in the region of £50k and the employment of two members of staff as operatives would add a further £50k to that amount.

Councillor Smart thanked staff and Councillor Muir for his motion and said that gum was a blight on our streets and that citizens now viewed street cleaning as a basic service from Council. The high cost of removing gum could be avoided by better human behaviour and so he felt that that fact needed to be communicated to the public.

Councillor McAlpine referred to other Council areas that had had Public Realm works carried out and felt that they must share the same issues. She wondered if there would be an opportunity to share equipment to keep costs lower.

While that was a good idea in theory the Director explained that the logistics required and arrangements for transfer of equipment were likely to make it impractical.

Councillor Douglas rose to support the recommendation and concurred with the comments of Councillor Smart in that there should be publicity to inform of the real costs of discarded chewing gum in the hope that it would prompt people to act more responsibly.

AGREED TO RECOMMEND, on the proposal of Councillor Barry, seconded by Councillor Smart, that the recommendation be adopted.

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7. POLICY FOR THE STANDARDSIATION OF SALE CONDITIONS FOR RADAR KEYS (FILE 65081) (Appendix II)

PREVIOUSLY CIRCULATED:- Report by the Director of Environment stating that the draft policy attached set out the conditions for the sale of RADAR keys to members of the public.

RECOMMENDED that the proposed policy is agreed by Council.

Councillor Cathcart thanked officers for bringing forward the matter which he believed was a sensible approach. Alderman Henry agreed and wondered how the information could be relayed to the public. It was suggested that the radar keys could be publicised in GP surgeries and through posters in other relevant locations.

AGREED TO RECOMMEND, on the proposal of Councillor Cathcart, seconded by Councillor Wilson, that the recommendation be adopted.

8. NI LOCAL AUTHORITY COLLECTED MUNICIPAL WASTE MANAGEMENT STATISTICS APRIL 17 – JUNE 17 (FILE 53042)

PREVIOUSLY CIRCULATED:- Report by the Director of Environment detailing that Members would be aware that the Northern Ireland Environment Agency published official waste management statistics for all Councils in Northern Ireland on a quarterly and annual basis. Those statistics were very significant for the Council as they provided a formal definitive position on our progress towards meeting various key statutory recycling and landfill diversion targets.

The latest officially published report was for the first quarter of the 2017/18 reporting year, April to June 2017. The full report could be accessed on DAERA’s web site at:

https://www.daera-ni.gov.uk/publications/northern-ireland-local-authority-collected- municipal-waste-management-statistics-april-june-2017

There were a number of very significant observations worthy of highlighting in respect of Ards and North Down Borough Council’s performance, compared to our performance during the same reporting period last year:

 Our household waste recycling rate rose by a further 2.8%, from 49.5% to 52.3%. Our Quarter 1 household recycling rate was now 9.1% higher than the Quarter 1 rate in our strategy baseline year of 2015/16, compared to a NI wide rise of 5.1% over the same period.

 Our household waste recycling rate of 52.3% was 2.3% higher than the NI average of 50%.

 We moved from a ranking of 4th to 5th place out of the 11 NI Councils.

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 Our household waste composting rate rose by a further 2.7% - from 32.3% to 35%, whilst our household waste dry recycling rate rose only very marginally by 0.1% - from 17.1% to 17.2%.

 Our household waste composting rate of 35% was 7.2% higher than the NI average of 27.8%.

 Our kerbside recycling capture rate of 72.2% for household compostable waste materials was far in excess of the NI Council average of 57.4%.

 We moved from being the highest performing council in relation to household waste composting rate, to third highest performing Council.

 Our ‘dry’ recycling rate (ie. recycling of items other than organic green/brown bin materials) of 17.2% was 4.9% lower than the N.I. average of 22.1%.

 We were still at the bottom end of the performance table for ‘dry’ recycling rate, ranking 10th out of 11 Councils.

 The recycling rate for waste received at our Household Recycling Centres of 61.2%, was 10.1% lower than the 71.3% average for other N.I. Councils.

 We landfilled 75% more waste through our HRCs compared to the NI average, on a per capita basis. That continued to demonstrate the significant work that was still required to improve the performance of our HRCs and their impact on our overall landfill liability/recycling rate. The rigorous implementation of a new permit system to enforce access rules for vans and large trailers would be an essential aspect of the HRC performance improvement programme.

 Our total municipal waste arisings fell by a further 10%, compared to an average rise across other NI Councils of 1.3%.

The latest official Municipal Waste Management Statistics report provided continuing encouragement and further firm evidence of significant sustained success in the implementation of our Sustainable Waste Management Strategy. Importantly, it also helped us to focus on issues of key significance for further recycling advancements. We were clearly still performing relatively poorly on ‘dry’ recycling, ie. recycling of waste items that should be going into our blue bins and into relevant recycling containers at our HRCs. Continued focus on the latest phase of our strategy implementation involving relaunch of the blue bin and launch of the new kerbside glass collection service, would be of fundamentally key importance in addressing that deficiency in our recycling performance. Further reform of how our Household Recycling Centres were managed would also be a key strategic priority.

In relation to the latest published waste management statistics, it was particularly worthy of noting that several Councils that adopted our model of reform for food waste recycling were now reaping the rewards, with at least one other Council now achieving kerbside composting rates on a par with our own. Officers from a number of other Councils engaged with our own recycling team to develop an understanding 8

EC.08.11.17 of our approach, and key elements of our strategy were replicated in other Councils’ own campaigns. In that regard, the Council and its elected members and officers had demonstrated themselves to be ‘exemplars’ for reform of this key public service.

Progress towards the key targets set out in our Strategy were summarised and illustrated in the following charts.

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RECOMMENDED that the report be noted.

Councillor Cathcart was pleased to read that recycling was moving in the right direction. The Director informed the committee that blue bin recycling was rising marginally and that the message for blue bin recycling had been more complex than the food waste recycling message. Blue bins now accepted a much wider range of materials and major effort was required to get that across to the public at large.

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Recycling of glass was also rising more slowly than envisaged and again, further major effort was required to get that new service more effectively bedded in.

The Director described the method of informing residents if the grey bins were being used incorrectly for recyclable materials and that would include placing ‘alert’ stickers on bins in the first instance followed by guidance letters and also home visits where a problem was persisting. The methodology had a focus of informing rather than punishing people, with ample opportunity for householders to get it right before any implication of refusing to empty a grey bin.

Fewer errors were being made in recycling food waste and people had adopted that message very quickly. Much more work was needed to improve blue bin and glass recycling.

An additional contributor to the lower than NI average rate of ‘dry’ recycling was the continued higher levels of landfilled waste being processed at Household Recycling Centres in our Borough compared with other Boroughs within Northern Ireland. The new agreed permit system for vans and large trailers would be rigorously applied by staff, with the aim of reducing HRC landfill levels significantly.

Whilst acknowledging the relative complexity of blue bin recycling compared to green/brown bin recycling, Councillor Barry wondered what the reason was for the slower than desired uptake. The Director said that there was no short answer for that and there was nothing unique about our own Borough that other areas didn’t experience in relation to encouraging householders to recycle fully. Council’s mantra was to ‘keep the message simple and make recycling easy’ going forward, and it would use every tool available in a bid to achieve the targets set out in its Sustainable Waste Resource Management Strategy. The Binovation App had proven to be a very useful tool and notably had the highest number of downloads of all the Northern Ireland Councils; further emphasis would be placed on encouraging universal householder uptake of that as the default information resource.

Councillor Edmund mentioned that he had visited a bottle bank on the peninsula which was completely full of glass with plastic bags full of glass set beside the containers. He queried why that was happening and if the public were reluctant to use kerbside recycling.

The Director advised that glass was collected on a four weekly cycle and that was the most cost effective method of providing the service. The situation regarding participation in the new kerbside service was steadily (albeit slowly at the moment) improving. Communications would be issued to households where it was noted that the kerbside box was not being put out on a regular basis.

Councillor Leslie asked what would happen in situations where a person may be suffering from a mental health condition which would make it difficult for them to comply with Council standards. The Head of Waste and Cleansing Services advised that homes would be visited and if extenuating circumstances existed those would be taken in to consideration. Council also had a register of those suffering from dementia who required special consideration.

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Councillor Leslie went on to ask if there were areas of the Borough where more waste was being taken to Household Recycling Centres and the committee was advised that most of the waste was being received through the larger centres of Balloo and North Road. It was perhaps unhelpful that those centres were located in industrial areas and thereby more accessible to neighbouring commercial/industrial businesses.

AGREED TO RECOMMEND, on the proposal of Councillor Edmund, seconded by Councillor Cathcart, that the recommendation be adopted.

9. LICENSING AND REGULATION SERVICE UPDATE (FILE LR/GEN/90100) (Appendix III)

PREVIOUSLY CIRCULATED:- Report by the Director of Environment detailing that the report recorded the main activities in the Licensing and Regulatory Service from 1 April 2017 to 30 September 2017.

1. Entertainment / Cinema Licensing

The Service administered applications for the grant, renewal, transfer and variation of licences for places of entertainment and cinemas.

Number of licence applications received: 80 (including 1 cinema)

During Performance Inspections

Licensing Officers had carried out a total of 182 ‘during performance’ inspections to ensure compliance with the licence conditions and in particular fire safety provisions. Those inspections were carried out at night time when the premises were fully operational. The target for the period was 209 inspections.

Enforcement Action

There were no new prosecutions initiated during the period but the following prosecutions under the Local Government (Miscellaneous Provisions) (NI) Order 1985 were concluded:

 Frisky Bear, Holywood

On the 19 August 2016 a Licensing Officer carrying out a ‘during performance inspection’ found a door at the bottom of the rear fire escape to be padlocked shut.

A prosecution was brought against the licensee, Mr Jonathan Gedge for a breach of the Fire and Rescue Services Order. At Court on the 21st April 2017 Mr Gedge pleaded guilty and was fined £3,000 plus costs of £331.

That was considered by the Judge to be a serious breach and the fine imposed reflected that.

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 Bangor Football Club, Clandeboye Road Bangor

On the 9 December 2016 Officers carrying out a ‘during performance inspection’ found the club providing entertainment despite the fact that their licence had previously been cancelled.

Legal action was initiated against the Club Chairman who was the Licensee and Mr Raymond Porter, who had been in charge of the premises at the time of the offence and was aware that the premises was not holding a licence.

The Chairman subsequently accepted a Formal Caution for the offence and Mr Porter was prosecuted for providing entertainment without a licence.

At Ards Court on the 16 June 2017 Mr Porter was found guilty of the offence and fined £100 plus £187 costs.

The Club reapplied for a licence, resolved all the outstanding matters and put in place robust management practices regarding fire safety. The new licence was issued on the 13 April 2017. Two during performance inspections had been carried out since April at the Club and the licensing officer was fully satisfied that all relevant obligations were being met.

2. Street Trading Licences

It was agreed to change the requirement for licence applications to be brought to Council for approval, with officers instead granting a licence if there were no objections.

During the period the following 11 licences were issued:

Grant Renewal Licensees Granted  William Shaw Stationary 4 1  Philippa Skeats Trading Licences  Linsey Swift  Paul Ritchie Mobile Trading 2 Licences  Robert Neil

 May Day, Holywood  Comber Potato Festival Temporary 4  Sails and Sounds, Licences  Portaferry Festival

Review of Designated Trading Site

Council resolved in June to vary the designation of the stationary trading site at . Officers had since then conducted a consultation exercise and would be bringing a separate report to the November meeting of the Committee.

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3. Amusement permits

Those were granted in respect of amusement centres providing gaming machines.

In total 7 premises held permits in the Borough of those 4 renewed their permit during the period.

4. Marriage and Civil Partnership Place approvals

Place Approvals were issued for up to 3 years and approved specific locations as being suitable to be used for civil marriages or civil partnership registrations.

Number of premises currently holding a 3-year approval: 22

Temporary licences for specific places/days: 4

Number of applications received in the reporting period: 8

5. Pavement Café Licensing

The first Pavement Café licences were issued in October; 8 in total. A further 17 were pending.

The Pavement Café Licensing Officer (temporary post), Mr Alan MacArthur finished his employment at the end of August having done good work to promote the new regulatory regime and assisting many of the affected premises in lodging their applications.

It was expected that formal action would begin in the near future against premises who had not yet lodged an application despite the extensive advice and assistance provided by the Council.

Whilst licences were being granted with the approval of Roads Service, they had still to agree and screen the guidance that they used in this regard. Roads Service had faced delays in finalising its guidance following concerns being raised by IMTAC on behalf of several disabled groups regarding the minimum width of pavement that would be permitted. The draft guidance stated a minimum 2 metres of clear pavement between the café and the curb, but in certain cases that could fall to 1.5m. This would only be in areas of low footfall for example on side streets. IMTAC was requesting a 2m minimum width in all circumstances. Whilst that was ultimately a matter for Roads Service to determine, officers would agree that a more flexible approach was needed and 1.5m would be acceptable in some specific circumstances.

6. Liquor Licence Notifications

Premises licensed for the sale or consumption of alcohol were normally granted a licence for 5 years. September saw the renewal date for the majority of those licences.

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In all the Service responded to 176 notifications for the renewal of licence.

A list of those premises was attached.

7. Town Centre CCTV

During the period of this report 24 incidents were recorded and reported to the PSNI by the CCTV operator including:

Offence Bangor Holywood Newtownards Total Recorded Assaults 10 2 1 13 Traffic 6 0 2 8 accidents Disorderly 1 0 0 Theft 0 3 0 3

Criminal 2 0 0 0 damage

Shooting 1 0 0 0

8. Off Street Car Parking

The Northern Ireland Regional Off Street Car Parking Group had employed a consultant to assist in determining the best option for Councils with regard to providing enforcement services post November 2019.

At present those services were provided through a Service Agreement with the Department but there had been concern that this may not be the best value option. The Consultant had now provided a report and the subject would be brought before Council in December.

Officers had also prepared a tender for consultancy to produce a Car Parking Strategy for the Council. The consultant commenced work on the 16th October and it was anticipated the matter would be brought before Council by the end of January 2018.

The following information related to our off street car parks, for the period 1 April to 30 September 2017.

April to September Same period 2016/17 2017

PCN’s issued 1678 2033 Number of parking 520,247 x tickets sold 15

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Income from car parking tickets £458,370 £410,072

Income from PCN’s £62,625 £75,805

Details of the income generated through each pay and display terminal within the car parks in Newtownards, Bangor and Holywood was provided below.

Income Generated Newtownards

£30,000.00 £25,000.00 £20,000.00 £15,000.00 £10,000.00 £5,000.00 £- Mill Street Mill Street West Street West Anne Street Anne Street Kennel Lane Kennel Lane Kennel Lane South Street Old CrossOld Street Gasworks NorthGasworks NorthGasworks South Street/Court… South Street/Court… South Street/Court… Upper CourtUpper Street Old Cross Street west Cross Street Old Cross west Old Street

Income Generated Bangor

£30,000.00 £25,000.00 £20,000.00 £15,000.00 £10,000.00 £5,000.00 £-

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Income Generated Holywood

£20,000.00

£15,000.00

£10,000.00

£5,000.00

£- Hibernia Church Church Hibernia Hibernia Hibernia Street Road Road Street Street Street South North North North

RECOMMENDED that the report is noted.

Alderman Henry congratulated officers adding that it was good to see offences being picked up and that the public should be informed of that work.

Councillor Boyle was in agreement but informed officers that Whitehouse Inn was not located in Portaferry.

AGREED TO RECOMMEND, on the proposal of Alderman Henry, seconded by Councillor Douglas, that the recommendation be adopted.

10. RESULT OF COURT PROCEEDINGS (FILE 90202)

PREVIOUSLY CIRCULATED:- Report from the Director of Environment.

Mr Jim Coffey and Mrs Joyce Coffey

At Newtownards Magistrates Court on the 29th September 2017 Mr Jim Coffey and his wife Mrs Joyce Coffey of 31 Warnocks Road, Portavogie were convicted of causing unnecessary suffering to their dog, a British Bulldog named ‘Zac’. ‘Zac’ was seized from Mr & Mrs Coffey’s house by the Council’s Animal Welfare Officer after a vet had confirmed that the dog was suffering as it was nearly half of his ideal weight at the time of the seizure (see photo below).

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Mr & Mrs Coffey each received a 2-year conditional discharge and were ordered to pay £1,500 each in costs. The resident magistrate did not disqualify them from keeping animals in the future as he noted that there was nothing wrong with the condition of their second dog.

Following being taken into Council care ‘Zac’ went on to gain weight and return to his expected body condition (see photo below). The dog also had a very bad skin condition which, again, was successfully managed whilst in Council care.

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Mr Michael Burch At Newtownards Magistrates Court on 20th October 2017 Mr Michael Burch of 31 Abbot Gardens, Newtownards was convicted for keeping two dogs without a licence and for his two dogs straying. Mr Burch was fined £100 for each of the four offences and ordered to pay £251 costs and expenses and £15 offender levy.

Mr Ryan Anderson At Newtownards Magistrates Court on 20th October 2017 Mr Ryan Anderson of 9 Gibsons Lane, Bangor was convicted for keeping a dog without a licence and for his dog straying. Mr Anderson was fined £100 for each of the two offences and ordered to pay £192 costs and expenses and £15 offender levy.

Mr Chris Gibson At Newtownards Magistrates Court on 20th October 2017 Mr Chris Gibson of 9 Gibsons Lane, Bangor was convicted for keeping a dog without a licence. Mr Gibson was fined £80 and ordered to pay £167 costs and expenses and £15 offender levy.

Mr Kenneth Robertson At Newtownards Magistrates Court on 20th October 2017 Mr Kenneth Robertson of 10 Burneagh Court, Newtownards was convicted for keeping a dog without a licence and for his dog straying. Mr Robertson was fined £100 for each of the two offences and ordered to pay £220 costs and expenses and £15 offender levy. RECOMMENDED that the report is noted.

Councillor Boyle offered his congratulations to officers of the Council and it was distressing that animal cruelty had been reported in the last two environment committee meetings. He queried how the fees collected were used and in response the Head of Building Control, Licensing and Neighbourhood Environment advised that those were made up of legal fees and animal care fees which Council had incurred.

Councillor Barry echoed those comments and believed that Council should publicise convictions relating to animal cruelty to make the public aware that animal welfare matters were being treated actively.

Councillor Smart also congratulated officers and felt they should be rightly proud of the interventions which had been taken, however he was disappointed to note that the punishment did not fit the crime.

AGREED TO RECOMMEND, on the proposal of Councillor Boyle, seconded by Councillor Smart, that the recommendation be adopted.

11. PROPOSED STREET NAMING

PREVIOUSLY CIRCULATED:- Report from the Director of Environment.

Westmount Crescent, Newtownards

A small development comprising of 16 dwellings was currently under construction on lands adjacent to 10 Westmount Park, Newtownards. The development was

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originally postal numbered as a natural continuation off Westmount Park. However, local residents residing on the existing Westmount Park requested that the development be changed to another name. After liaising with the developer, it had been agreed that a new name of Westmount Crescent would be suggested as a new street name, which was in keeping with the general neighbourhood.

RECOMMENDED that Westmount Crescent be adopted.

That Council accept the general name and delegate acceptance of suffixes to the Building Control service.

Ballyvarnet Lane, Bangor

A small development comprising of 30 dwellings was currently under construction on lands at Clandeboye Road, Bangor. The developer had requested the street name Ballyvarnet Lane to reflect the development being in the of Ballyvarnet, and was in keeping with the general neighbourhood.

RECOMMENDED that Ballyvarnet Lane be adopted.

That Council accept the general name and delegate acceptance of suffixes to the Building Control service.

Councillor Smart thanked officers for proactive and accommodating discussions in regard to Westmount Crescent.

AGREED TO RECOMMEND, on the proposal of Councillor Cathcart, seconded by Councillor Ferguson, that the recommendations be adopted.

(Councillor Cathcart left the meeting at 7.40 pm)

12. REVIEW OF DESIGNATED TRADING SITE - CARROWDORE (FILE 90101) (Appendix IV – VIII)

PREVIOUSLY CIRCULATED:- Report by the Director of Environment detailing that Council had agreed in June 2017 to make the following variation resolution and to begin a consultation process in respect of a designated trading site at a lay-by opposite numbers 70-84 Main Street, Carrowdore:

That the Council varies the designation resolution made on the 19th December 2001 by revoking the designation of Main Street, Carrowdore (lay-by opposite numbers 70-84).

Background

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Under the Street Trading Act Council may designate locations where it considered it was appropriate for stationary trading to take place under a Street Trading Licence.

The lay-by at Main Street, Carrowdore was designated under the Street Trading Act by legacy Ards Borough Council in 2001. It had been used over the years by various traders. The current trader operating there was granted a licence by the Council in March 2017.

The site was initially designated in 2001 following public consultation with the local community, Roads Service and PSNI.

The owner of a hot food premises located at the nearby petrol station recently requested that the Council review the site and consider whether it was suitable to be designated under the Act as a location for a stationary trading in hot foods.

Under the Street Trading Act the Council could review any ‘designated site’ either in terms of its suitability as a location or with regards to the items that may be sold from the site.

Consultation

Notice of the consultation was publicised in the local press as required by the legislation. The Department for Infrastructure, PSNI and all current holders of a Street Trading Licence were also consulted.

Following the consultation 18 letters and a petition signed by 378 signatures were received against the resolution (ie. in support of the street trader). Two letters were received in support of it.

Copies of the letters and petition were attached.

The Roads Service replied that it had agreed to the designation of the site in 2001 and had received no complaints regarding the use of the site in the interim period. It had no objection to the current designation. The PSNI had not responded to the consultation but it was expected that as DfI had no objection from a road safety point of view that the PSNI would concur with that position.

The proprietors of The Country Fryer, Main Street, Carrowdore, which they had managed for 5 years, had written to support the resolution highlighting the impact on their business. They had indicated that they had seen a 45% decrease in business since the chip van obtained their licence to trade in March 2017.

In contrast the letters of objection to the resolution were mainly from local residents who wished the current licence holders to continue to trade at the designated site.

Licensing Comment

Under the Street Trading Act, Council had the authority to vary or rescind a Designation Order in respect of any designated site.

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The main function of the Act was road safety, in ensuring that traders would not interfere unreasonably with vehicles or persons using a street. That was reinforced within a government paper produced in October 2014 following the introduction of the European Union Services Directive 2006/123 (The Services Directive). Within the paper it was noted that the discretionary grounds for refusing an application based on there being sufficient traders trading in the street or at adjoining premises that traded in similar articles or services as noted in Section 9 (1) (5) of the Act, was not compatible with the Services Directive and would be repealed.

There was no evidence that the current designated site or the licence holder was causing unreasonable interference with vehicles or persons using Main Street, Carrowdore. The main grounds presented by the Country Fryer for supporting the variation related to issues of trade and unfair competition.

They had also raised issues around the current holders of the Street Trading licence being absent from the site for extended periods of time. Under the Street Trading licence, conditions holders ‘must trade on a regular basis from their pitch or area’. That was a matter that could be brought to the licensee’s attention.

RECOMMENDED that subject to there being no objection from the PSNI, the Council did not proceed to vary the Designation Order made on the 19th December 2001, for a designated trading site at a lay-by opposite numbers 70-84 Main Street, Carrowdore.

Councillor Ferguson was happy to see the item coming forward since much work had been put in to it. A chip van had been in that position for as long as she could remember and she was pleased that the officers had made the recommendation.

Councillor Boyle asked for clarification on the conditions of trading on the site, that times were specified and the applicant met those. He was made aware that the mobile remained at the site when it was not trading. He considered that the playing field may not be level since the other trader in the town had higher overheads. However, Council worked within the system and in theory the other trader in the town could do similarly.

Following a question from Councillor Edmund members were informed that a trading licence was £280 per year.

AGREED TO RECOMMEND, on the proposal of Councillor Ferguson, seconded by Councillor Wilson, that the recommendation be adopted.

(Councillor Cathcart entered the meeting at 7.42 pm)

13. GRANT OF ENTERTAINMENT LICENCE (FILE LR 100/90101)

PREVIOUSLY CIRCULATED:- Report by the Director of Environment detailing that the following application for the grant of licence had been received:

Premises: Bellas Bistro, 60 Main Street, Kircubbin

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Applicant: Paul Arthurs, Main Street, Kircubbin

Day and hours of use:

Monday to Sunday: during the permitted hours when alcohol may be sold or consumed on the premises under the Licensing (NI) Order 1996.

Type of Entertainment:

 Dancing, singing or music or any similar entertainment  Entertainment which consists of or includes public contest, match, exhibition or display of billiards, pool, snooker, darts or similar game  Machines for entertainment and amusement.

RECOMMENDED that the application be recommended for approval subject to the following:

1 The application being completed satisfactorily with all the Council’s requirements being met; and

2 The PSNI, Northern Ireland Fire and Rescue Service or members of the public not objecting to the issue of the licence.

3 The applicant foregoing his right to appear before and be heard by the Council.

AGREED TO RECOMMEND, on the proposal of Councillor Smart, seconded by Councillor Woods, that the recommendation be adopted.

14. GRANT OF PAVEMENT CAFÉ LICENCES (FILE 90101)

PREVIOUSLY CIRCULATED:- Report from the Director of Environment detailing that the following applications for the grant of a Pavement Café Licence had been received:

1. Premises: Harbour & Company, 31, The Parade, Donaghadee

Applicant: Mr Denis Waterworth

Hours of use: Monday to Saturday 11.30am to 11pm Sunday 11.30am to 10pm

Will alcohol be served: Yes

2. Premises: Pier 36, 36, The Parade, Donaghadee

Applicant: Mr Denis Waterworth

Hours of use: Monday to Saturday 9 am to 11pm Sunday 9 am to 10pm 23

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Will alcohol be served: Yes

The applications had been publicly advertised at the relevant premises for 28 days as required in the legislation. No objections had been received.

DfI Roads and the Planning Service had been consulted and where required the PSNI. No objections had been raised to those applications.

Under the agreed conditions of licence the pavement cafés would be required to:

 only use the agreed area to be outlined in the licence  provide only the approved furniture  completely remove any furniture from the pavement at the end of each day’s trading  keep the area used for the café clean of litter and liquid spills

RECOMMENDED that the Council grants the above licences once they had fulfilled all the relevant requirements.

AGREED TO RECOMMEND, on the proposal of Councillor Boyle, seconded by Councillor Cathcart, that the recommendations be adopted.

The Chairman declared an interest and withdrew from the meeting. Councillor Ferguson chaired the meeting for Item 15.

15. RESPONSE TO NOTICE OF MOTION REGARDING FIRE SETTING (FILE 92015)

PREVIOUSLY CIRCULATED:- Report from the Director of Environment detailing that at the meeting of the Environment Committee in June 2017 the following Notice of Motion was agreed.

“That Officers bring forward a plan, in association with the Council’s community and statutory partners, to provide education regarding the danger of fire and fire-setting and on actions which could be taken to prevent the wanton damage caused by fire to the natural environment around the leadmines as a result of deliberate or reckless actions”

The following report had been developed in response to this Notice of Motion.

The Northern Ireland Fire and Rescue Service had confirmed that the issue of widespread gorse fires had not been a significant issue in Ards and North Down in previous years but there was a notable spike in 2017. The Mountain Road area of Newtownards and Orlock were two areas that produced the most frequent and severe fires with potential to cause harm to people and buildings.

Following discussion with the NIFRS it was suggested that a general education/promotional campaign around fire setting was not developed. It was

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suggested that a general campaign delivered, for instance, to pupils of all secondary schools within the Borough may raise the profile of the issue, create an interest and, unfortunately for some, an excitement and curiosity, potentially leading to an increase in incidents.

It was therefore suggested that a more targeted plan be developed for the two areas identified as being a problem in 2017. Should other areas subsequently be identified as a potential concern then the actions below may be rolled out in these localities also.

1. In spring 2018 the NIFRS would engage with home and land owners within the two areas to raise awareness of the issue and where appropriate encourage the landowners to take steps to reduce the risk posed by fire namely through planned cut back of vegetation. 2. Landowners including the Council and National Trust during dry spells to display relevant signage in the area encouraging people to be fire aware and to report suspicious behaviour 3. Through the Ards and North Down ASB Forum the issue of fire setting would be raised in order that officers from the police, NIHE and Council were aware of the problem and that officers be directed, where resources permited, to patrol those areas, particularly during dry spells, in order to deter those likely involved in fire setting activity. 4. Where individuals were identified for having fire setting behaviours then the NIFRS would engage with them through the delivery of relevant initiatives which were presently under development. 5. That the NIFRS’s fire setting reporting line be promoted through normal media channels such as social media, websites, including that of our statutory partners and local press. 6. That the general fire safety message continued to be delivered to primary school pupils through the Be Safe campaign delivered by the Council and other statutory partners.

RECOMMENDED that the report is agreed.

Councillor Cathcart welcomed the report and the programme for schools to highlight key issues. Councillor Smart was in agreement and hoped that the message would counteract the behaviour which had taken place on the Mountain Road over the summer.

AREED TO RECOMMEND, on the proposal of Councillor Cathcart, seconded by Councillor Barry, that the recommendation be adopted.

The Chairman re-entered the meeting.

16. NOTICES OF MOTION

16.1 Notice of Motion submitted by Councillor Woods and Councillor Barry

Notice of Motion submitted by Councillor Woods and Councillor Barry

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‘That this Council writes to the Department of Agriculture, Environment and Rural Affairs asking for the complete information and evidence base upon which former minister McIlveen based her decision to cancel the container deposit legislation scheme (CDL) as proposed by Minister Durkan. And to commission immediately, a study, and public consultation, on the introduction of effective packaging waste in NI, expressly including a CDL scheme as the default alternative in the absence of more effective and cost effective methods of delivering the recycling increases and litter reductions available through a CDL scheme. Secondly, this Council brings back a report on the costs associated with introducing a localised CDL scheme within the Borough in order to reduce the number of single use plastic bottles that are thrown into general refuse’.

Councillor Woods introduced her Notice of Motion by informing the committee about the details of a CDL or deposit return system, which required customers to pay a surcharge when purchasing bottles or cans that would be refunded when they returned them to a shop. The purpose of such a system was to incentivise the return of the packaging to collection points, through the use of a refundable deposit. Consumers paid the deposit when they purchased the beverage and received it back when they returned the container to one of the designated collection points. If a consumer chose not to return the empty container, then they would lose the deposit.

Collection points were usually located in retail outlets, for convenience, or centralised locations, where containers could be deposited in bulk. At retail outlets, consumers could return the ‘empties’ to the shop counter or to automated ‘reverse vending machines’ (RVMs). The empty containers that were collected could then be recycled into new containers and returned to the beverage packaging industry for filling with new beverages, or used for other manufacturing purposes. Such schemes were not a new idea, they had existed in Northern Ireland in the 1970s, British Columbia enforced CD schemes in 1970 and in 1972 it was introduced in Oregon in the United States. In South Australia, it was introduced in 1977 and today the recycling rates for plastic and cans were between 75-85%. Other Australian states of Queensland and Western Australia intended to introduce a CDS in 2018. A similar system currently existed in European countries such as Finland, Germany and Estonia.

In 2015 Mark Durkan, the then Minister for the Environment, outlined plans to consider the scheme for Northern Ireland as part of a feasibility study. That was in line with similar issues being discussed at the time in Scotland with a pilot scheme being introduced. Councillor Woods had spoken with Mr Durkan the previous week who cited officer and staff apprehension about the scheme due to initial costs and installation issues. However, he stated that the general support for a scheme such as that still existed and options should be looked at, especially now that Coca Cola had come out in support of the trial scheme in Scotland after years of lobbying against it.

Councillor Woods said she would like to be informed about the reasons as to why the scheme was abandoned in 2016 and who the potential hosts involved were, why they did not wish to participate and why were other bodies and the public not consulted on it. She proposed that the Council write to the department for further information, which could form part of the second part of the Motion and bring back a report on a localised scheme.

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A number of objections to CDL had been voiced including that it would cost too much to install and police, it would be regressive in that if it was passed on to consumers. Up front prices would rise, affecting poorer members of society as well as price rises being unpopular in general. It would be resisted by drinks companies and lobbying groups. It would also affect sales adversely and it would have a negative effect on kerbside recycling rates. Councillor Woods insisted that those claims could be refuted.

Research from countries that had installed such systems suggested that there would not be significant cost increases to consumers or industry. Research published in 2015 for the Scottish government stated that setup costs were not expected to be disproportionately high compared with ongoing annual costs. In fact, the total setup costs were equivalent to around 2 years of the annual operating cost once the scheme was up and running. The report also found that overall savings to local authorities across Scotland were calculated to be £4.6M per annum. That resulted from £0.5M of savings related to collection service operations, and £4.1M from the net difference between lost material revenue and avoided disposal benefits. A cost benefit analysis would therefore need to be done in Northern Ireland too.

It would not be regressive as the deposit was fully refundable. The least well off families or individuals would therefore be the most likely to return drinks containers to offset initial outlay so it made financial sense. A CDL scheme also carried with it increased recycling rates. In Scotland, it was estimated that plastic bottles under a CDL scheme would increase from around 53% to between 87% and 96% at the highest rate which was undoubtedly a significant increase. Discussions from earlier in the meeting had shown that Council had a long way to go to improve its dry recycling rate.

Following a review of the scheme the UK government announced in 2016 that it would not be pursuing it any further. However, in October 2017 Environment Secretary Michael Gove issued a press statement on how the littering of plastic, metal and glass drinks containers could be reduced. The government then invited views on how reward and return schemes for drinks containers could work in England by issuing a call for evidence. According to the government, more than eight million tonnes of plastic were discarded into the world’s oceans each year, putting marine wildlife under serious threat. Up to 80% of that was estimated to have been originally lost or discarded on land before washing out to sea, and plastic bottles were a particular concern with figures showing just 57% of those sold in the UK in 2016 collected for recycling. That compared to a record 90% of deposit-marked cans and bottles that were returned to dedicated recycling facilities in Denmark, and a return rate of almost 80% of beverage containers in South Australia, both of which had a form of deposit return scheme so she believed that the recycling benefits were becoming clear.

Council did not have the powers or indeed the resources to install a CDL on its own for Northern Ireland. However, she was asking for support for a Motion to bring back a report on the feasibility of introducing a localised scheme in the Borough perhaps as a trail. That would enable a number of things to happen to see if it would work in the borough and to outline the pros and suspected cons.

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A localised scheme could mean that Council’s public bins would become better used and less mixed as we currently did not have a separation of waste in the street bins. It could reduce the costs for litter cleaning for the council. That, obviously, had environmental benefits as less plastics ended up in bins, therefore less ended up in landfill, costing the Council less on landfill charges. Plastics and plastic bottles were one of the main types of waste that had been collected on beach cleans and over 80% of litter in Northern Ireland was plastic. The plastic bag levy that was introduced in 2013 had significantly reduced the number of plastic bags issued by retailers. According to DEARA, the number of carrier bags dispensed in 2016/17 was markedly lower than the baseline figure prior to the introduction of the levy, which, for 2012 was estimated at 300 million bags. Year 4 of the 5p levy saw a reduction in bag numbers of 67% compared to the 2012 baseline. The point here was that low levies on single use items could be extremely effective when implemented correctly. It could also encourage the change in behaviour that was needed to continue to promote, through encouraging further recycling and reusing of plastic bottles. A scheme such as that could help promote and change attitudes for the better and that was why she asked Members for support for the Motion.

Councillor Barry seconded the Motion and hoped for a more circular approach to the use of plastic resources.

Councillor Wilson was somewhat confused thinking of this form of recycling alongside the use of blue bins. There were costs associated with taking bottles back to collection points. He was currently not sold on the approach proposed but looked forward to receiving a report on its viability.

Councillor Edmund considered the Motion from his retail background. Administration would be needed on the part of the retailer and he did not imagine that all retail units would welcome buying in to the scheme.

Councillor Smart thought that the Motion was an interesting proposal on the use of that recyclable resource. He was aware that officers were very busy and did not want that work to restrict their day to day activities.

Councillor Cathcart shared Councillor Wood’s concern about the impact of plastics on the environment and the ocean. He had visited a remote village in Africa recently and even there the streets were littered with plastic. Something did need to be done. He confirmed that he was strongly environmentally aware but suggested the plastic issue be considered with a fiscal conservative brain. He questioned who would bear the burden of financial responsibility for the initiative. He did not believe that it was viable to administer at a local level and would need a regional approach. He would welcome a report on the way forward.

Councillor Boyle supported the Motion but he wondered why the initial pilot for Northern Ireland had been scrapped and answers may come from that knowledge.

Members agreed to await a further report on the matter before discussing the issue further.

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Councillor Woods thanked Members for their support for her Notice of Motion.

AGREED that a report be brought back to the Committee.

16.2 Notice of Motion submitted by Councillor Woods and Councillor Barry

‘That this Council, recognising the importance of reducing the amount we waste, the increased reliance on plastic and plastic items, and the amount of plastic that ends up as marine litter, supports the end to use single use plastics and promotes the use of eco-friendly alternatives across the Borough. Furthermore, it takes the lead in reducing the use of plastic at meetings and events through providing recyclable, reusable alternatives’.

Councillor Woods began by reminding members that prior to the meeting members had been kindly served hot and cold food in the kitchen. She noted that plastic wrapping had covered the sandwiches and the hot food was kept in polystyrene boxes. She hoped that made everyone think about how much we used without even considering it and that formed the basis of the Motion she had brought. It was important to ensure that our use of plastic reduced, that alternatives were provided or preferred in order to keep litter out of our oceans and seas.

As a society we had an addiction to plastic and it was an integral part of our daily life. Using plastic made our lives easier and items and goods cheaper and as a result between 1964 and 2014 global plastic production increased twenty fold from 15 million tonnes to 311 million tonnes. However, plastic also significantly contributed to the amount we wasted, with plastic pollution consistently increasing in the last 20 years. News articles, videos and pleas were common about the use of plastic and the effects it had on the environment, be it plastic bags inside the stomach of a whale in Norway, microbeads being swallowed by fish, various plastic items being consumed by birds or a straw being removed from the nostril of a sea turtle. The amount of plastic then that was thrown away should also come as no surprise to members, especially through the introduction of the blue bin household recycling scheme.

Plastic was frequently only used once and it was estimated that 50% of the plastic that we used was only used once before being discarded. A report by the World Economic Forum and the Ellen MacArthur Foundation in 2016 found that 32% of plastic packaging escaped the waste collection systems and in 2014 it was estimated that at least 8 million tonnes of plastics leaked into the ocean annually. Plastics could remain in the ocean for hundreds of years in their original form and even longer in small particles, which meant that the amount of plastic in the ocean accumulated over time. The best research currently available estimated that there were over 150 million tonnes of plastic waste in the ocean today. Without significant action, there may be more plastic than fish in the ocean, by weight, by 2050. In Northern Ireland, according to Keep NI Beautiful, between September 2012 and October 2016, 528 items of litter were observed per 100m of beach around NI and around 91% of those items per 100m were plastic. In Portavogie, the litter average was higher than the NI level at 579 items per 100m. In the Ards and North Down Borough according to Surfers against Sewage, 685kg of rubbish had been removed from beaches in 2017 to date.

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Councillor Woods was aware that some members had attended beach cleans and other action days in the borough and beyond and the results of those were shocking. Indeed, according to Lesley Crenshaw, who ran the beach cleans in the borough the most common items that washed up on the beaches were all single use: bottles and tops, cotton buds, plastic bags, and items made from polystyrene. It was because of that that she was proposing the Motion so that Council could get its house in order and lead by example to reduce marine litter.

Members would be aware from the media of other businesses and organisations either reducing their use of plastics such as Tesco and Marks and Spencer, or those like the JD Wetherspoon Group who from January 2018 would not have plastic straws available, only biodegradable ones, reducing the amount of straws that would be discarded by their UK premises of around 70 million. Similar moves had been made by other pub and restaurant groups such as All Bar One and the Oakman Inns, following the Refuse the Straw campaign launched in the United States. In 2017 in Dehli, India all single use plastics had been banned from January and Brighton Council had also passed a similar Motion during the year banning single use plastics on their premises and agencies. She hoped that Ards and North Down Borough Council could follow suit.

Small changes could be made in the Borough to ensure that we did not continue to add to the amount of plastic that ended up in the sea, or in landfill. Small changes to begin with could be progressed and would help create a more circular economy.

For example, at Council events and meetings like this evening we could have no single use plastics available provided by the Council and discourage other groups more so than we did currently. We could have no plastic straws but have paper ones or biodegradable ones, or encourage those who needed straws to bring their own. Instead of using plastic knives, forks and spoons we should provide wooden ones or similar. Similarly, giving out coffee, tea or other beverages in plastic cups could be replaced with people bringing their own mug to work or using alternatives. Having met with the Director and Head of Service last month, the Council had begun that process through the Environmental Management Standard and Councillor Woods welcomed the changes that had been made so far in Council buildings through waste disposal and recycling efforts. She believed that if passed her Notice of Motion would continue the work that had been done but encourage us to do more to make a positive difference for our futures.

In seconding the Notice of Motion, Councillor Barry said that he had little to add and that such a move was a no brainer and a step of leadership in the right direction. Plastics should be viewed as resources and business creating opportunities could be created by managing them correctly.

Members were supportive of the changes and were in agreement to support the sentiments of the Motion.

Councillor Woods thanked her fellow Councillors for their support and hoped that Council could work with the Chambers of Commerce.

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AGREED that the Notice of Motion be adopted.

EXCLUSION OF PUBLIC/PRESS

AGREED, on the proposal of Councillor Barry, seconded by Councillor Edmund, that the public/press be excluded during the discussion of the undernoted items of confidential business.

17. BANGOR MARKET REVIEW (FILE LR/ST/90404)

***IN CONFIDENCE***

***NOT FOR PUBLICATION***

Schedule 6 – Information relating to the financial or business affairs of any particular person (including the Council holding that information).

READMITTANCE OF PUBLIC/PRESS

AGREED, on the proposal of Councillor Douglas, seconded by Councillor Smart, that the public/press be readmitted.

18. ANY OTHER NOTIFIED BUSINESS

a) Zero 30 Group

The Chairman of the committee made it clear that he had met the Managing Director of Zero 30 Group and so would not be in a position to chair a meeting were Zero 30 Group would speak to the Environment Committee.

Councillor Wilson also declared an interest.

The Head of Waste and Cleansing Services said that the organisation was considering carrying out a pilot study and for that it needed waste to demonstrate the technology and how it worked. It would not cost more than what we were currently paying for sending waste to landfill.

Members were happy for the Zero 30 Group to come and address the Committee.

AGREED.

b) Year 8 Visit to RADAR Centre

The Director gave a verbal update on the year 8 visit of pupils to the RADAR centre. Every year 8 pupil in the Borough had been invited to attend and this environmental education programme was being funded through the Community Investment Fund. The project was potentially ground breaking and was an innovative interactive programme.

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The Head of Building Control, Licensing and Neighbourhood Environment agreed to provide information on the timetable for schools’ participation, which would begin on 27 November and run for approximately 3 weeks.

Councillor Leslie was opposed to the visit of the pupils to RADAR which was in an area just outside the Borough boundary of Ards and North Down. The Director informed members that RADAR was a unique, specially designed education centre for young people and no similar suitable facility was available within the Borough. It was noted that we were fortunate that it was located so conveniently just outside the Borough boundary, which made the transport of children from our secondary schools much more feasible.

NOTED.

c) Vehicular Access at the HRCs

Councillor McAlpine reported that there was no separation of public and private vehicles at some of the Household Recycling Centres and this created difficulties and inconveniences for site users. Members were informed that the North Road HRC was not a state of the art facility but that it was hoped that funding would become available in the future to redevelop a site that was more user friendly and better facilitated recycling behaviours. Officers had expressed a preliminary interest in availing of funding that might arise next year through the Rethink Waste Fund.

NOTED.

19. TERMINATION OF MEETING

The meeting terminated at 8.50 pm.

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Item 7.3

ARDS AND NORTH DOWN BOROUGH COUNCIL

A meeting of the Regeneration and Development Committee was held in the Council Chamber, 2 Church Street, Newtownards on Thursday 9 November 2017 at 5.00pm.

PRESENT:

In the Chair: Councillor Cummings/Councillor Adair

Aldermen: McDowell M Smith

Councillors: Allen Menagh Armstrong-Cotter Smart Cooper Smith Gilmour Walker Ferguson Wilson Leslie Woods

In Attendance: Director of Regeneration, Development and Planning (S McCullough), Head of Regeneration (B Dorrian), Head of Economic Development (C McGill), Temporary Head of Tourism (S Mahaffy) and Democratic Services Officer (J Glasgow)

Also in Attendance: Alderman Fletcher

1. APOLOGIES

An apology for inability to attend was received from Alderman Irvine.

2. DECLARATIONS OF INTEREST

No declarations of interest were declared at this stage in the meeting.

3. DEPUTATION

3.1 Representatives of Open House Festival (Appendix I)

(Councillor Gilmour entered the meeting – 5.01 pm)

CIRCULATED:- Open House Festival Handout.

The Chairman invited the representatives to commence their presentation.

In attendance was Alison Gordon, Open House Festival Manager and Kieran Gilmore, Open House Festival Director.

RDC.9.11.17 PM

Commencing the presentation, Ms Gordon provided an overview of the Open House Festival. She detailed that Kieran Gilmore and herself were the only 2 full time permanent members of staff in Open House. The festival was 19 years old, it started in 1999 in the newly designated Cathedral Quarter, Belfast. The festival was in Belfast for 15 years until in 2013 when the festival moved to Bangor. Ms Gordon outlined that the move was made possible because of the generous £20k initial investment from legacy North Down Borough Council which brought the start of a good strategic partnership with Council.

(Councillor Ferguson and Councillor Armstrong-Cotter entered the meeting – 5.04 pm)

Open House was a not-for-profit charity, registered with the NI Charity commission, and company limited by guarantee. It was audited annually - governed by an experienced Board of Trustees.

Mr Gilmore explained that the Open House Festival was not all about arts events but about regeneration through events and festivals. By running a festival throughout the development of the Cathedral Quarter, they had learnt how festivals and local businesses could work effectively together to bring about regeneration, and they wanted to try and help in some small way with the regeneration of Bangor town centre, working closely alongside the Council and other partners. Mr Gilmore explained that what they did was quite simple – put on events and try to bring people to them – people from the town, the Borough, Belfast, the rest of NI, rest of UK and from further afield. From the statistics it could be seen that around 3% of the audiences were from outside of Northern Ireland. The work they did was to encourage people into the town and spend their money. The Festival used 46 different venues and engaged with more than 150 local businesses.

Mr Gilmore advised that this year 44,500+ people had attended 142 Festival events, one third of which were free events. The calculated economic impact for the town during the month of August was £1.7m. This year’s festival had an income of around £330,000, 50% of that income was generated through selling tickets and the rest was from public investment. The greatest investment was from Ards and North Down Borough Council of £60k. This year the Arts Council contributed £50k and Tourism NI contributed £10k. Mr Gilmore highlighted that the Council’s £60k investment helped to generate £1.7m additional spend in the town. The more investment in the Festival, the greater the up-turn in spend. The document circulated provided a breakdown of income, and a grid which showed the growth and development of the Festival over the last 5 years.

A challenge which the team faced was the need for increased investment into the festival and into the Borough for cultural events. The Council was supporting the festival as much as it could. However, it was felt that Tourism NI and the Arts Council were not supporting the Open House Festival, nor were they supporting the Borough. Ms Gordon detailed that Bangor was the third largest town in Northern Ireland which had a population only 20,000 less than Londonderry, however over the last five years it had received:

 Just 1.6% of the total Arts Council NI budget

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 Just 1.6% of the total Tourism NI Events Budget  None of the £8.5m Tourism NI Capital Funding budget.

Belfast and Londonderry were receiving around 50% of the budget. Ms Gordon detailed that the challenge was to lever more investment from Tourism NI and the Arts Council NI, and other government agencies, into the Borough.

In terms of opportunities, Ms Gordon advised that Belfast and the Causeway Coast had been rated best region in the world to visit in the coming year by Lonely Planet and 13 new hotels were planned in greater Belfast in the next two years. Bangor needed to get in on the action – world class events were needed to attract those tourists, as well as local people, to come and spend their time and money in Bangor and throughout the whole Borough.

Mr Gilmore detailed that the aim of the Open House Festival was to play a role in helping the Council deliver its strategy, to redefine Bangor as a modern seaside town, with a strong identity and a thriving economy, based on its history and its heyday – a destination for cultural tourism, heritage, and leisure. Because of its close proximity to Belfast, they thought Bangor could be The Brighton of Northern Ireland, and the gateway to the .

In finishing, Ms Gordon detailed that continued support was needed in terms of investment and she asked for the Committee’s support to help them put pressure on government bodies like the Arts Council and Tourism NI to allocate a fair share of the available resources to Bangor and to the Borough.

Councillor Leslie wondered if a degree of doubling up occurred and questioned if work was undertaken with the local TICs to promote the events.

(The Mayor – Councillor Adair entered the meeting – 5.13 pm)

In response Mrs Gordon stated that the work of the Open House Festival complemented that which was undertaken by the TIC’s and the aim was to work in partnership. They worked closely with the staff in Tower House, who promoted the Open House Festival events and when the brochures were released the staff in Tower House were briefed on the detail of the Open House programme of events to ensure they were fully informed when offering the product to the consumer.

Councillor Walker noted that the Open House Festival was a registered charity but operated as a business. He questioned if there was a longer term plan if they could benefit from secured funding for more than one year. In response Mr Gilmore stated that Tourism NI did not know its budget for the following financial year and he expressed concerns in that regard. He explained that any security in their budget allowed them to plan a lot better for the incoming festival and furthermore would allow them to develop strategies and think beyond the incoming year.

Councillor Woods congratulated the representatives on the success of this year’s festival. She advised that she sat on a board of a festival committee and recognised the struggle in achieving funding. She questioned why the Ards and North Down Borough received less funding from Tourism NI in comparison with other Boroughs.

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In response Mr Gilmore was of the view that the festival was somewhat the ‘easy touch’ when it came to withdrawing funding as with that came no political backlash. He highlighted the statistics with just 1.6% of the total Tourism NI Events budget being invested in the Borough.

Councillor Woods also asked about the plans for the future. In response Mr Gilmore advised that they would like to extend the Open House Festival further into the Borough and also hold larger events. He stated that the McKee Clock area was a fantastic event space and they would like the opportunity to hold events of a larger scale in that area, that would put Bangor on the map and have a positive economic impact on the town centre.

Councillor Allen raised questions regarding next year’s budget and the event space available. In response Mr Gilmore stated the budget would not be known until the end of the financial year and the launch of the programme needed to take place at the end of May. With greater investment, a greater impact could be provided.

(Councillor Armstrong-Cotter withdrew from the meeting – 5.20 pm)

Mr Gilmore advised that the festival had 46 different venues and a meeting was being held the following week in portico to look a potential events in Portaferry. Ms Gordon added that new venues were always being explored and part of the charm of the festival was that it was moveable to the various areas.

(Councillor Armstrong-Cotter entered the meeting – 5.22 pm)

Mr Gilmore stated that a weakness was the lack of a multi-purpose venue. The Open House Festival team was not in favour of a theatre but a multi-purpose space which could be used for events should be considered.

Alderman Smith congratulated the team on the great return on investment achieved. She recognised the point regarding the lack of investment from Tourism NI and felt the Council needed to be forth-with to support Open House in that regard.

In response to a question from Councillor Menagh, Mr Gilmore stated that they did not have the capacity to challenge the budgets awarded and he felt there was a pre- conception that the Borough was wealthy. Councillor Menagh recognised the need for Members to speak out in respect of the budget and encourage funding to the area.

The Chairman recognised the successes of the Open House Festival. He thanked the representatives for their attendance and they withdrew from the meeting.

NOTED.

4. MINUTES OF STEERING GROUPS

Proposed by Councillor Ferguson, seconded that Councillor Menagh, that the Minutes of the Town Steering Groups be approved and adopted.

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4.1 Comber Town Steering Group dated 2 October 2017 (Appendix II)

PREVIOUSLY CIRCULATED:- Copy of the above.

AGREED.

4.2 Donaghadee Town Steering Group dated 9 October 2017 (Appendix III)

PREVIOUSLY CIRCULATED:- Copy of the above.

Councillor Smith referred to the Motte scheme and noted that issues had been identified by the HED in respect of the planning application and he questioned if those issues had been resolved. In response the Head of Regeneration advised that those issues had not been resolved as yet however he was confident that they would be.

AGREED.

4.3 Holywood Town Steering Group dated 12 October 2017 (Appendix IV)

PREVIOUSLY CIRCULATED:- Copy of the above.

AGREED.

4.4 Bangor Town Steering Group dated 23 October 2017 (Appendix V)

PREVIOUSLY CIRCULATED:- Copy of the above.

Councillor Woods referred to the pods at Project 24 and asked about the way forward for those. In response the Head of Regeneration advised that a report would be brought back to the Committee after initial discussions with the preferred developer had taken place in respect of Queen’s Parade.

AGREED.

4.5 Newtownards Town Steering Group dated 24 October 2017 (Appendix VI)

PREVIOUSLY CIRCULATED:- Copy of the above.

AGREED.

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5. – VILLAGE RENEWAL PROJECTS (FILE 160135)

PREVIOUSLY CIRCULATED:- Report from the Director of Regeneration, Development and Planning detailing that following on from the Village Action Plan prioritisation process which took place at the end of 2016, initial meetings to discuss Council led projects with village groups commenced in January 2017 and were ongoing.

Recently Officers met with four representatives from Ballyhalbert Village Plan Group to discuss projects to be led by the Council which were suitable to go forward for Village Renewal funding via the Rural Development Programme. At the last meeting of the Regeneration and Development Committee it was agreed to enquire from the Village Plan Group if the provision of a MUGA was high on their priorities. As part of this discussion, representatives at the meeting were clear that they do not wish to progress with the development of a MUGA at this stage. Their current priority was to ensure the long-term regeneration of the village was taken forward via a planned approach and therefore were seeking funding towards key feasibility/technical studies. Officers highlighted that it may not be possible to fund the capital works as identified in the studies, due to limited financial resources available under the Rural Development Programme but the representatives felt that their priority was to create a vision for the future direction of the village.

The representatives present felt that the following studies were important for the long-term future development of the Village:

 Shore Road Footpath Feasibility Study  High Street Environmental Improvement Scheme, (technical design study to include a phased approach)

It was estimated that the two feasibility studies would cost up to £6,665 each, a total cost of £13,330, with potential to obtain £10,000 from the Village Renewal Scheme with a match funding requirement of £3,300 from Council.

Subject to Council approval, Officers would liaise further with the Group to ensure that the terms of reference reflect the priorities as per their Village Plan.

RECOMMENDED that an application is submitted to the Rural Development Programme – Village Renewal Scheme to seek funding support for the completion of two feasibility studies for Ballyhalbert. A contribution of £3,330 will be required from Council, which is to be allocated from an existing budget

Proposed by The Mayor, Councillor Adair, seconded by Councillor Armstrong-Cotter, that the recommendation be adopted but Officers be further tasked to consult with the wider community and to source external funding to deliver a multi-use games area in the village at Ballyhalbert.

The Mayor stated that he had raised at a previous meeting of the Committee that the people of the village of Ballyhalbert were often forgot about. The area had not seen investment, the population was growing with new turnkey houses attracting young

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RDC.9.11.17 PM families to the village. He noted that only four people had been attendance at the recent village meeting were the plan had been discussed and it he felt it was the priority of many that there was a facility available for the children in the area, with anti-social behaviour being an issue. There were a lot of young people and felt that there was a lack of facilities available. To address those matters, Councillor Adair was of the view that one of the top issues for the residents was the provision of a MUGA. Furthermore, he highlighted the need to actively pursue Transport NI in terms of the Shore Road footpath as a large section of that footway was not linked. He questioned if the feasibility study for the Shore Road foot path undertaken by Transport NI would be suitable for use.

The Head of Regeneration advised that Transport NI had already undertaken a feasibility study on the Shore Road footpath and a meeting was planned the following week with Transport NI to ascertain if that information could be shared. In terms of the development of a MUGA, the Rural Development fund would provide capital for the build of the facility however he highlighted the need to consult with the Community and Wellbeing directorate regarding the longer term maintenance of the facility.

Councillor Cooper stated that he had nothing against the principle of the amendment however stated that a MUGA was needed in Comber. He highlighted the football club in Comber and that it also had a number of women’s and youth teams with the area of Comber not having seen investment for some time. Councillor Cooper stated that he could not support the amendment as he would like Comber to benefit as well as Portavogie.

The Chairman noted that Comber could not benefit from the rural development funding as it was not rural.

Councillor Walker referred to the report and that it was noted that the representatives of the Ballyhalbert Village Plan Group had been clear that they did not wish to progress with the development of a MUGA at this stage. In response the Head of Regeneration advised that 4 out of the 12 representatives had been attendance at the village plan meeting and if the amendment was agreed wider consultation would occur within the village to ascertain the wider view.

Councillor Smart questioned if thought had been given to the location of a proposed MUGA and if that would be part of the consultation. In response the Head of Regeneration explained that it would be a two staged approach, consult on the desire for a MUGA and then consult on the location. A possible area was in front of the school however that area would also require consultation with the School and the nearby residents.

AGREED that the recommendation be adopted but Officers be further tasked to consult with the wider community and to source external funding to deliver a multi-use games area in the village at Ballyhalbert.

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6. SOCIAL SATURDAY, SOCIAL SOUK AND THE SOCIAL ENTERPRISE DIRECTORY (FILE 500525)

PREVIOUSLY CIRCULATED:- Report from the Director of Regeneration, Development and Planning detailing that Supporting Social Enterprise fell under the duties transferred to Councils in 2015.

The aim of the annual Social Saturday initiative was to raise awareness of Social Enterprises which were defined as “businesses that trade to address social problems, improve communities, people’s quality of life, or the environment. Their social mission was at the heart of everything they do and all profits were reinvested towards achieving those goals.”

Like any other business, they compete to deliver goods and services and to make a profit. The difference was that they were driven by their social and environmental purposes and the profits they make were reinvested towards achieving those purposes. Social Saturday celebrated ‘profit with purpose’. This year, Social Saturday was held on 14 October 2017.

Social Saturday In order to help raise awareness of this initiative, the Economic Development Section arranged the following promotions:

Online Media An online newsletter promoting a range of local social enterprises was produced. Social Enterprises across the borough were contacted inviting them to take part in the promotional ezine/newsletter highlighting any offers or events that they were planning for Social Saturday on 14 October 2017.

Social Souk A “Social Souk” event was held at Bloomfield Shopping Centre on Friday 13 October (the day before Social Saturday). The event gave 7 local social enterprises the opportunity to raise awareness of their products/services and to promote the associated benefits they bring to the Borough.

Social Directory A Social Enterprise Directory, with copies now available, was launched at the Social Souk event. The Directory highlighted a selection of local Social Enterprise and Community Interest ventures in the Borough.

The Directory profiles over 20 local enterprises and would be updated and added to over time. The Directory was the first of its kind in Northern Ireland and would be circulated through our databases and Council facilities to raise awareness of the many worthwhile and successful social enterprises that operate within the local area.

RECOMMENDED that Council notes the support provided for Social Saturday 2017 and the various promotions to increase Social Enterprise awareness.

Proposed by Councillor Smart, seconded by Councillor Woods, that the recommendation be adopted.

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(Councillor Menagh withdrew from the meeting – 5.44 pm)

In response to a question from Alderman Smith, the Head of Economic Development advised that there were 28 businesses registered. She noted that there were a lot of enterprises providing services but not necessarily a tradable product. It would be the intention to run the event next year to grow and adopt the model.

AGREED that the recommendation be adopted.

(Councillor Menagh re-entered the meeting – 5.45 pm)

7. VISIT BELFAST – SIX MONTH EVALUATION AND MEMBERSHIP (170781) (Appendix VII)

PREVIOUSLY CIRCULATED:- Report from the Director of Regeneration, Development and Planning attaching Visit Belfast Six Month Evaluation Report. The report detailed that Ards and North Down Borough Council, along with and Castlereagh City Council, had been a partner in the Belfast Regional Tourism Partnership, Visit Belfast, since 2016 following on from legacy North Down’s membership dating from 2006. The purpose was to facilitate communication between the partner councils and Visit Belfast, to create effective marketing/brand communications and visitor servicing platforms to target customers.

The Tourism Manager meets with senior Visit Belfast personnel on a scheduled quarterly basis, and as required. There was one Regional Tourism Partnership Forum meeting per year, attended by the Director of Regeneration, Development and Planning and Temporary Head of Tourism, normally scheduled for March each year.

The six-month evaluation report detailed the full activity from April 2017 – September 2017. The annual subscription for Ards and North Down Borough Council, to be a member of Visit Belfast and to avail of those opportunities and promotion channels, was £30,000. The below table outlined the primary outputs delivered for the membership fee.

Platform Description Output Visit Belfast Centre Video Wall Belfast Plus stills imagery 15 times per hour Member Desk or 4 times per annum Events Island 40 inch Plasma Belfast Plus imagery running Screen backdrop behind ticket counter Literature Racking 11,256 specific ANDBC pieces and branded racks 3560 Belfast Plus guide Touchscreen kiosks 67 products from ANDBC listed via self-service unit Enquiries 2,376 ANDBC enquiries handled

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Print publications Visit Belfast City 3 per annum totalling 230,000 print Guide Full page advertorial Belfast Plus guide 2 per annum with specific ANDBC imagery on front cover on 50% of print run. Total 60,000 print Belfast Visitor Guide Full page advertisement to be launched in Nov at World Travel Market 35,000 – 10k in English and 5k each in French, Spanish, German, Italian and Mandarin Cruise Belfast 150 copies to be distributed at Seatrade Miami promotion including ANDBC products/services (March 18) plus toolkit to 136 specialists VB Conference and 4000 guides and online dedicated Meetings Guide 16- ANDBC page (new edition Jan 18) 18 Digital Visitbelfast.com Main portal for Greater Belfast area 2.3million visits per annum with dedicated Belfast Plus web section including key ANDBC attractions, activities and events listings. Links to conference cruise and corporate websites Ezines 6 per annum focus on Belfast Plus 23 Concierge What’s On ezines 6 consumer events ezines 358,056 email communications

In addition, as agreed by Council in December 2016 at a cost of £5,000 per annum, Ards and North Down Borough Council had a new visitor information promotional stand at George Best Belfast City Airport and Belfast International Airport. This includes: Ards and North Down Borough tourism branding on the side of the promotional stand, at the City Airport and priority racking for two main Council publications and four further pieces of literature. This site had serviced 2000 ANDBC to date. The partner branding was included at the Belfast International Airport promotional stand alongside two key tourism Council publications. 1900 specific ANDBC enquiries have been serviced at this site. The promotional opportunity further maximised the profile of the area and opportunities availed from the partnership. The proposal was currently only offered to key partners including , Lisburn and Castlereagh City Council, Tourism NI and Translink. To further the profile of the area in the Visit Belfast Centre in Belfast, the Tourism Manager would update and refresh the dedicated information pod within the centre on a seasonal basis, which was purchased as an additional feature at the cost of £5,000 per annum under a Gold Package arrangement.

Platform Description Output Promotional stand George Best City Airport Raise brand awareness and Belfast International for ANDBC at key entry

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Airport points total 3900 enquiries serviced Visit Belfast Gold Promotional pod within Racking on the island Package the Centre in prominent Dedicated compartment near counter position Tablet - key products Headline image on the tablet

The partnership with Visit Belfast continued to be monitored and reviewed throughout the year, to ensure best value and impact on tourism in the Borough.

It was anticipated that the Integrated Strategy for Tourism, Regeneration and Development would make comment on priority partners for the Council, which was due for completion in January 2018. However, an emerging theme included Connectivity via People and Places and it was anticipated that the neighbouring local authority partners would be integral to the delivery of successful connectivity and communications to our customers, particularly where proximity could influence a visit to this area. On completion of the ITRDS, the Director and Temporary Head of Tourism would have the opportunity to review the Service Level Agreement and align it to any key recommendations, to ensure appropriate return on investment in the year 2018/19. The membership was currently reviewed on an annual basis.

RECOMMENDED that the Council

1. approves the annual membership contribution of £30,000, to Visit Belfast for the financial year 2018/2019, subject to the rates estimates process

2. approves £10,000 towards the promotional stand opportunity at both airports and Gold Island package to be met from existing Tourism budgets in 2018/19 financial year.

Proposed by Councillor Smart, seconded by Councillor Armstrong-Cotter, that the recommendations be adopted.

Alderman Smith referred to the Cruise ships that visited Belfast and those that disembarked in Bangor. She asked if there were any further plans to encourage the ships to return and encourage more ships to visit. In response the Temporary Head of Tourism explained that the Council’s participation in the Visit Belfast Partnership allowed Officers access to information regarding the Cruise visits planned. This year Officers had secured an increased profile in the guide which would be used by ground handlers. Furthermore, a profile had been provided in the Cruise ship tool kit guide which Visit Belfast was showcasing at the Cruise Ship Show in Miami.

Alderman Smith asked if the local sailing and yacht clubs were promoted on the ships. In response the Temporary Head of Tourism advised yes that did occur if it fitted with the ships visitor profile.

Councillor Smart suggested that leaflets be also placed in the Airport from an investment point of view. In response the Temporary Head of Tourism stated that it

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RDC.9.11.17 PM was important that one clear proposition occurred to provide clarity. She noted that literature racking would be considered where it was felt appropriate.

AGREED that the recommendations be adopted.

8. BEACH AWARDS CONTRIBUTION 2018/19 (FILE171573/TO/TD4)

PREVIOUSLY CIRCULATED:- Report from the Director of Regeneration, Development and Planning detailing that in 2017/18 the following Ards and North Down Borough Council beaches were awarded Seaside Award status in the awards process administered by Keep Northern Ireland Beautiful: Groomsport, Millisle and South. The awards afford the beaches prominence through local press, KNIB’s widely distributed map and online media, including Beachni.com.

Other beaches within the Borough were managed by DAERA, at and Helen’s Bay. Crawfordsburn currently holds a Blue Flag award.

From a visitor perspective the awards continue to be a useful promotional tool and also convey to residents the Council’s commitment to environmental standards, as the key criterion for an award was bathing water quality, and good leisure provision.

In July 2017 Council agreed that, due to the high cost of water quality testing, no further beaches would be proposed for awards until the next round of DAERA beach designation surveys in 2021. For 2018 therefore it was proposed that the Council again applies for awards for Groomsport, Millisle and Ballywalter South beaches only*. KNIB has advised that the cost of these applications for 2018 is likely to remain as for 2017, £4040, plus inflation.

*Since April 2015 the Council has been pursuing transfer of the lease for Cloughey Beach, which has excellent water quality, from its trustees, with the intention of it becoming a Council amenity beach. Unfortunately, the legal process had still not been concluded due to outstanding documentation on the part of the trustees. Should it reach a satisfactory conclusion prior to the award application deadline in December 2017, it may be possible to apply for an award for this beach also.

RECOMMENDED that the Council approves a fee of £4040 plus inflation for 2018 beach awards at Groomsport, Millisle and Ballywalter South and further approves an additional fee of £1010 for a beach award at Cloughey should its application proceed, from 2018/19 Tourism budgets.

Proposed by the Mayor, Councillor Adair, seconded by Alderman Smith, that the recommendation be adopted.

The Mayor, Councillor Adair noted the importance of beaches and that they were one of the Borough’s greatest assets. He questioned if consideration had been given to the beaches at Knockinelder and Portavogie in the scheme. In response the Temporary Head of Tourism advised that there was a threshold in the number and those beaches did not have the water quality assessment undertaken. Those beaches would be looked at through the next bathing water directive.

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AGREED that the recommendation be adopted.

9. COLUMBAN WAY AGM 2018 (FILE 171268)

PREVIOUSLY CIRCULATED:- Report from Director of Regeneration, Development and Planning detailing that in November 2013 the Legacy Council of North Down Borough Council signed an agreement with the Province of Bobbio (Italy) and region of Luxeuil (France) as founding members to establish a European Cultural Route, “The Columban Way”. As part of the association of members, the statutes dictate that an Annual General Meeting be held annually on a rotational basis between the association members. On this basis the 2018 AGM was due to take place in Bangor. Provisional dates were Saturday 24 February, or either Saturday 3 or Saturday 10 March 2018.

Those attending the meeting fund their own travel and accommodation. The host Council hosts and funds a buffet lunch and dinner and transportation from the airport to Bangor. It was anticipated that a total budget of approximately £1000 would cover those costs.

RECOMMENDED that Council approves £1000 from 2017/18 budgets to host the 2018 Columban Way AGM.

AGREED TO RECOMMEND, on the proposal of Councillor Leslie, seconded by Councillor Wilson, that the recommendation be adopted.

10. CHRISTIAN HERITAGE WORKING GROUP MINUTES 24 OCTOBER 2017 (Appendix VIII)

PREVIOUSLY CIRCULATED:- Copy of the above.

AGREED TO RECOMMEND, on the proposal of Councillor Woods, seconded by Councillor Wilson, that the minutes of the Christian Heritage Working Group be approved and adopted.

11. BUDGETARY CONTROL REPORT – SEPTEMBER 2017 (FILE FIN45)

PREVIOUSLY CIRCULATED:- Report from the Director of Regeneration, Development and Planning detailing that the Budgetary Control Report covered the 6-month period 1 April to 30 September 2017. The net cost of the service was showing an under spend of £356,685 (18.0%).

Explanation of Variance

In addition, a Budgetary Control Report by Income and Expenditure for Regeneration and Development was, also, shown on page 3 which analysed the overall favourable variance (£356,685) by expenditure (£302,598 favourable) and income (£54,087 favourable).

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Regeneration & Development

Expenditure - £302.6k (13.3%) better than budget to date. This favourable variance was mainly made up of the following: -

1. RDP HQ - £15.6k favourable as a result of a vacant post. 2. Regeneration - £84.2k favourable. This favourable variance was explained by- a. Payroll £59.2k favourable due to vacancies in Urban Development (£13.7k) and Rural Development (£17.1k) which were in the process of being filled. Craft Development was, also showing an underspend (£19.9k) due to a vacant post. b. Public Realm revenue costs were currently £13.4k under budget. c. Rural Development Programme running costs are £8.2k under budget to date. This is offset by a similar reduction in grant – see 5b below. 3. Economic Development - £32.8k favourable. This favourable variance was explained by: - a. Payroll £21.4k favourable. There are 2 vacant posts within Economic Development. One was currently being recruited with the other expected to be filled in early 2018. b. There were small favourable variances for Economic Development Workshops (£4.7k) and Signal Centre running costs (£2.5k). 4. Tourism - £169.9k favourable. This favourable variance was explained by: - a. Payroll £106.5k favourable. A number of vacant posts in Events and Tourism Development were in the process of being filled. b. Events such as the Comber Earlies Food Festival (£11.5k), Sea Bangor (£18.6k) and Summer Entertainment (£10.6k) were currently under budget. c. Events grants were currently £12.6k under budget.

Income - £54.1k (19.0%) better than budget to date. The favourable variance was mainly made up of the following: -

5. Regeneration - £35.8k favourable. That was mainly due to: - a. Revitalisation grants are £44.7k favourable as those were in respect of the 2016/17 year and, as the programme ended in 2016/17, there was no income budget for this year.

b. Rural Programme grant was £7.8k worse than budget to date but this was offset a similar reduction in running costs – see 2c above.

6. Economic Development - £15.3k favourable.

a. Signal Centre income was £6.4k better than budget to date. b. Exploris income was £6.7k better than budget. This was due to the Council’s profit share for 2016/17 being £6.7k higher than the estimated amount used when finalising the Council’s 2016/17 accounts. This difference had to accounted for in this financial year so was showing a favourable variance.

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BUDGETARY CONTROL REPORT By Directorate and Service

Period 6 - September 2017

Note Year to Date Year to Date Variance Annual Variance Actual Budget Budget £ £ £ £ %

Regen & Development

300 Regen, Dev & Planning HQ 56,162 71,800 (15,638) 213,300 21.8 310 Regeneration 270,368 390,400 (120,032) 1,023,200 30.7 320 Economic Development 459,820 508,000 (48,180) 1,155,600 9.5 340 Tourism 843,966 1,016,800 (172,834) 1,788,100 17.0

Totals 1,630,315 1,987,000 (356,685) 4,180,200 18.0

RECOMMENDED that the Committee notes this report.

Proposed by Councillor Adair, seconded by Councillor Walker, that the recommendation be adopted.

Councillor Walker referred to the current underspend and asked if there was an intention for utilising that spend. In response the Director of Regeneration, Development and Planning advised that the underspend was due to vacant posts and it was hoped that a number of new posts would be filled within the coming weeks. She reminded the Committee that an additional spend had been approved to undertake a feasibility study to look at access and connectivity from Pickie to Ballyholme. The Finance section closely monitored the budgets and were comfortable with the underspend.

Alderman Smith questioned if the study would be undertaken in tandem with the full masterplan. The Director confirmed that would be the case. In response to a further question from Alderman Smith, the Head of Regeneration advised that the budget for the study would be £80,000 - £100,000.

AGREED that the recommendation be adopted.

12. NOTICES OF MOTION

12.1 Notice of Motion submitted by Alderman Fletcher and Councillor Menagh

“That this Council welcomes the re-opening of Scrabo Tower to the public and writes to the Secretary of State for Northern Ireland and the Department for Communities to request that the opening times be extended during the summer months to compliment the tourist offering in the Borough of Ards and North Down and that entry be free of charge.”

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Proposed by Alderman Fletcher, seconded by Councillor Menagh, that the Notice of Motion be adopted.

Alderman Fletcher spoke to the motion outlining the history of Scrabo tower which was built in 1857 by the community as a monument to Charles William Stewart, 3rd Marquess of Londonderry. Scrabo tower was very much part of the fabric of Newtownards it was built during the potato famine for the benevolent kind landlord and was built in public subscription. The turreted tower, as it stood today, was built on a site 540 feet above sea level and was 125 feet (41 metres) high providing magnificent views. Alderman Fletcher referred to Trip Advisor and advised that the tower had 200 views averaging 4/5 stars. Currently the tower was only open 3 days a week from 10 am - 4 pm and those limited hours did not cater for tourists. He highlighted nearby tourist attractions such as Exploris and Mount Stewart which were open 7 days a week. Alderman Fletcher felt that especially during the summer months the facility could not afford to send people away disappointed without an offering. The current fee to enter was £3 for an adult, £2 for a child and £10 for a family ticket. Alderman Fletcher recalled that many years ago the Millin sisters who were all born in the Tower, ran a very popular tearoom. He felt there were more imaginative ways to address income generation than having an entrance fee.

Councillor Menagh agreed with the points made by Alderman Fletcher and added his support to the motion. He advised that he was brought up in the Scrabo estate and reminisced of previous memories of Scrabo tower. He referred to the potential reasons for the limited opening hours and noted that the tower had never been susceptible to vandalism.

Alderman McDowell added his support to the motion and noted the importance of Scrabo to Newtownards. He felt that consideration should be given in the future to the Council managing the facility.

Councillor Smart rose in support of the motion, he stated that Scrabo was entirely unique in a unique setting. He was interested to hear the story on how Scrabo came about, he felt there was the potential to do more to the tower if the Council had the authority.

Councillor Cooper stated that he did wish for the ownership matter to cloud the sentiments of the motion. The tower was highly recognisable and iconic with further potential and scope.

Councillor Armstrong-Cotter referred to the history and culture that Scrabo tower brought to Newtownards. She welcomed the tower being in the Council’s ownership, however the tower needed investment and the Committee needed to give consideration of the costs involved for its upkeep and if the Council could do it justice.

Councillor Walker supported the motion however on a longer term perspective he felt the income it could generate should not be ignored, particularly as it helped to support the upkeep of the tower.

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The Mayor described the tower as unique and the jewel in the crown. He stated that it needed massive investment to enhance the visitor experience.

Alderman Fletcher welcomed the support from the Committee and thanked Members for their contributions. He felt it needed to be borne in mind the reason why the tower was built, in support of kindness and benevolent for the community in a time of distress. Alderman Fletcher felt that with this reasoning in mind it would be a nice gesture for the tower to be open with no admission price, as occurred previously.

AGREED that the recommendation be adopted.

12.2 Notice of Motion submitted by Alderman McDowell

That this Council sets itself the ambitious target to help create 20,000 new jobs in the Ards and North Down Borough Council area by 2030. Also, this Council puts the creation of jobs and economic growth as it’s No.1 priority and encourages all external Stakeholders, Councils Departments and Councillors to work towards this goal.

Proposed by Alderman McDowell, seconded by Councillor Walker, that the Notice of Motion be adopted.

Alderman McDowell felt the proposal came at an important time with the development of the integrated strategy. He felt the Council needed to take the lead in the process and expressed his passion for economic development. Alderman McDowell stated that one thing that saddened him was that 80% of students left Northern Ireland to go to University and did not return which had a major impact on the economy. Furthermore, the commute to work from Bangor to Belfast was a frustration for workers and he wished for people to be able to work closer to home so they did not need to commute. He felt it was important that the Council did everything possible to improve the quality of life for the population of the Borough. Alderman McDowell wished for the creation of jobs and economic growth to be one of the Council’s most important functions and that weight be given to jobs and growth when considering planning applications. Furthermore, he wished for the Council to show ambition moving forward and set a plan in place to achieve the target. He believed that Brexit provided a great opportunity for Northern Ireland to become the bridge between the EU and the UK. This would make Northern Ireland one of the most exciting places to invest and the Council needed to be ready. He highlighted that the manufacturing and textiles jobs that were once here had now gone. In finishing he urged for vision, courage and unity to achieve the goal.

Councillor Gilmour stated that she did have a few issues with motion, the strategy was currently being undertaken and she questioned where the figure of 20,000 came from. The creation of 10,000 jobs by 2026 was stated in the strategy and that had been from research undertaken by Consultants. Councillor Gilmour viewed the motion as premature.

Councillor Cooper was unsure about making the creation of jobs and economic growth as a No.1 priority with an aging Borough. He stated that the layers in the strategy were interlinked and the motion was contradictory to that.

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Proposed by Councillor Cooper, seconded by Councillor Menagh, as an amendment that the Council sets itself the ambitious target to help create new jobs in the Ards and North Down Borough Council area by 2030, and prioritises the creation of jobs and economic growth, and encourages all external Stakeholders, Councils Departments and Councillors to work towards this goal.

Councillor Walker expressed his disappointment in respect of the amendment and felt it did not present any ambition. He wished for the Borough to be open to businesses, the current growth rate was nil whilst the rest of Northern Ireland was developing. He highlighted the Officers were driven and ambitious and he believed that they wanted to make things happen for the betterment of the Borough. Councillor Walker outlined figures from the skills barometer to detail that the figure was achievable. He recognised the figure was ambitious however it provided a target for the Council to work towards.

Councillor Smart noted that the target of 20,000 was not an easy target to reach, but was an aspiration and he would rather the Council tried. He stated that there were businesses that were finding it hard and the Council needed to provide support.

Councillor Armstrong-Cotter recognised the enthusiasm of Alderman McDowell however expressed caution in setting the target from an Officers point of view. She felt that would put Officers in a difficult position if they did not achieve the target they would feel that they had failed. Also historically she noted that the high value jobs were placed in Belfast and the Borough did not get the business and questioned how the Borough would achieve jobs that it did not originally achieve. Councillor Armstrong-Cotter read out the Council’s mission statement in the Corporate plan and felt the Council was already striving to achieve more.

On summing up, Alderman McDowell expressed his disappointment with the amendment, he felt that made the proposal meaningless and it diluted the rationale. He highlighted the Council’s responsibility in terms of economic development and the motion provided a focus. Alderman McDowell requested that a recorded vote be undertaken.

The amendment was put to the meeting and FELL, the recorded vote resulted as follows:

FOR (2) AGAINST (14) Councillors Cooper Aldermen McDowell Menagh Smith Councillors Adair Allen Armstrong-Cotter Cummings Gilmour Ferguson Leslie Smart Smith

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Walker Wilson Woods

ABSENT (1) ABSTAINED (0) Alderman Irvine

The Notice of Motion was put to the meeting and was declared carried, the recorded vote resulted as follows:-

FOR (9) AGAINST (7) Aldermen McDowell Councillors Adair Smith Armstrong-Cotter Councillors Allen Cooper Ferguson Cummings Smart Gilmour Smith Leslie Walker Menagh Wilson Woods

ABSENT (1) ABSTAINED (0) Alderman Irvine

Alderman McDowell thanked those Members who supported the motion and for those Members that voted against the motion he hoped he could change their minds in the future bringing the creation of jobs and economic growth to this Borough.

ADJOURNMENT OF MEETING

As per Standing Orders, the Chairman adjourned the meeting – 7.00 pm.

The meeting re-convened at 7.12 pm.

The Chairman, Vice-Chairman, Councillor Menagh and Councillor Ferguson did not return to the meeting.

APPOINTMENT OF CHAIRMAN

As the Chairman and Vice-Chairman had left the meeting, it was proposed by Councillor Armstrong-Cotter, seconded by Councillor Smith and

AGREED that the Mayor, Councillor Adair, chairs the meeting.

12.3 Notice of submitted by Alderman McDowell

That this Council provides a report into setting up a Brexit section in our Regeneration and Development department, to help prepare for the changes Brexit may bring about for our business and ratepayers.

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Proposed by Alderman McDowell, seconded by Councillor Walker, that the Notice of Motion be adopted.

Alderman McDowell spoke to the motion referring to three main areas which had been identified as pertinent issues - friction free trade, agri-food sector and the energy supply market. Other issues to be considered included labour, procurement and connectivity with the road and air connections. Alderman McDowell stressed the importance of the Council taking the lead as there were important issues which would affect the area. He wished for the Council to start working with businesses to understand the pertinent issues. Furthermore, Alderman McDowell stated that there would be opportunities and the Council needed to be read.

Councillor Smith stated that he could not support the motion as it stood as he felt it did not include enough information and there was still so much uncertainty surrounding Brexit.

Proposed by Councillor Smith, seconded by Councillor Leslie, as an amendment, that the Council tasks NILGA with producing regular reports and updates on Brexit highlighting issues that may impact businesses and ratepayers.

Councillor Smith felt his amendment took the burden off Council Officers. The outcome of Brexit was not yet known and he did not feel the setting up a section within the Council to explore the unknown would be beneficial. Councillor Smith noted that NILGA received a contribution from the Council and the Council should receive value for that contribution.

Councillor Walker stated that he could not support the amendment and advised that NILGA already presented update reports on Brexit. He highlighted the importance of the Council being aware and being prepared for March 2019 along with supporting businesses with the implications before they occurred. Councillor Walker stated that the Council needed to be aware of the implications for the business community and the opportunities available, with Northern Ireland being the only place that would be able to access the UK and EU markets.

Councillor Smart noted the proposal from Councillor Smith however highlighted that the Notice of Motion was asking for a report to be brought back and that suggestion could be explored within that report. He felt bringing a report back to Committee outlining the issues would be useful.

Alderman McDowell highlighted the need to be proactive and that the Council undertook a co-ordinated response. He referred to a document which NILGA was seeking a response to. With no Executive in place or Assembly it was up to the local Councils to move the matter forward and prepare and plan.

Councillor Smith’s amendment was put to the meeting and FELL, with 3 voting FOR and 9 AGAINST.

Councillor Cooper believed Brexit would present opportunities and highlighted that the funding for agri-food and fisheries would be replaced.

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Proposed by Councillor Cooper, seconded by Councillor Armstrong-Cotter, as an amendment, that the Notice of Motion be deferred until March 2019.

Councillor Walker felt that approach to be irresponsible, that the Council would sit and do nothing.

Alderman McDowell was of the view that deferring the Notice of Motion to March 2019 would be the Council burying its head in the sand and the Council would miss out on the opportunities. Furthermore, he felt it would be a dereliction of the Council’s duty and there was a need for the Council to ensure it was prepared. Alderman McDowell requested a recorded vote.

Councillor Armstrong-Cotter felt creating a Brexit section was an attempt to micro- manage. She voiced her opposition to the motion.

Councillor Allen questioned if the economic development section currently gave consideration to Brexit. In response the Head of Regeneration, Development and Planning advised that Council Officers review the documentation provided by NILGA along with responding to its recent consultation. Also Officers had attended a number of Brexit seminars and were working with local businesses to explore the potential impacts of Brexit.

The amendment was put to the meeting and was declared carried, the recorded vote resulted as follows:-

FOR (6) AGAINST (5) Councillors Adair Aldermen McDowell Allen Smith Armstrong-Cotter Councillors Smart Cooper Walker Gilmour Wilson Leslie

ABSTAINED (1) ABSENT (5) Councillor Smith Alderman Irvine Councillors Cummings Ferguson Menagh Woods

AGREED that the Notice of Motion be deferred until March 2019.

EXCLUSION OF PUBLIC/PRESS

AGREED TO RECOMMEND, on the proposal of Councillor Smart, seconded by Councillor Armstrong-Cotter, that the public/press be excluded during the discussion of the undernoted items of confidential business.

(Councillor Cooper withdrew from the meeting – 7.37 pm)

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13. EXTENSION TO ICE CREAM VENDOR CONTRACTS FROM 1 APRIL 2018 (FILE TO/PR3)

***IN CONFIDENCE***

***NOT FOR PUBLICATION***

Schedule 6 – Information relating to the financial or business affairs of any particular person (including the Council holding that information).

14. AQUARIUM EXPLORIS LTD UPDATE (FILE DEVP3C)

***IN CONFIDENCE***

***NOT FOR PUBLICATION***

Schedule 6 – Information relating to the financial or business affairs of any particular person (including the Council holding that information).

15. EXTENSION OF SUMMER FESTIVAL AUGUST 2018 (FILE DEVP6)

***IN CONFIDENCE***

***NOT FOR PUBLICATION***

Schedule 6 – Information relating to the financial or business affairs of any particular person (including the Council holding that information).

16. DEVELOPMENT PROPOSAL FOR HIBERNIA STREET CAR PARK, HOLYWOOD (FILE REG1) (Appendices IX, X)

***IN CONFIDENCE***

***NOT FOR PUBLICATION***

Schedule 6 – Information relating to the financial or business affairs of any particular person (including the Council holding that information).

17. BELFAST CITY REGION GROWTH DEAL UPDATE (FILE RDP22)

***IN CONFIDENCE***

***NOT FOR PUBLICATION***

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Schedule 6 – Information relating to the financial or business affairs of any particular person (including the Council holding that information).

18. ANY OTHER NOTIFIED BUSINESS

No items of any other notified business had been advised.

RE-ADMITTANCE OF PUBLIC/PRESS

AGREED TO RECOMMEND, on the proposal of Councillor Armstrong-Cotter, seconded by Councillor Gilmour, that the public/press be re-admitted to the meeting.

TERMINATION OF MEETING

The meeting terminated at 7.47 pm.

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Item 7.4

ARDS AND NORTH DOWN BOROUGH COUNCIL

A meeting of the Corporate Services Committee was held in the Council Chamber, 2 Church Street, Newtownards on Tuesday, 14 November 2017 at 7.00 pm.

PRESENT:

In the Chair: Alderman Girvan

Aldermen: Carson Gibson Keery

Councillors: Barry Muir Brooks McIlveen Chambers Smart Gilmour Smith Kennedy

Officers: Director of Organisational Development and Administration (W Monson), Interim Director of Finance and Performance (J Pentland), Head of Administration (A Martin) and Democratic Services Officer (J Glasgow)

1. APOLOGIES

An apology for inability to attend was received from Alderman Graham.

2. DECLARATIONS OF INTEREST

Alderman Keery declared an interest in Item 15 – Lease of Land from NIHE for Kilcooley 3G Pitch.

3. BUDGETARY CONTROL REPORT – SEPTEMBER 2017 (FIN45) (Appendix I)

PREVIOUSLY CIRCULATED:- Report from the Interim Director of Finance covering the 6-month period 1 April to 30 September 2017 and the Revenue Budgetary Control Report by Directorate. The Net Cost of Services for the period was £18.57m against a budget of £19.39m, hence, showing an under spend of £817,677 (4.2%) (box C).

Income from District Rates less charges for Capital Financing was £19.82m versus a budget of £20.0m representing £185,156 (box D) of adverse variances on the same. Consequently, this results in the Council having a full surplus at the end of September of £1,248,446 (box A) compared with a budgeted surplus for the same period of £615,925 (box B) resulting in a favourable variance on expected surplus of £632,521 (box E).

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Explanation of Variance A Budgetary Control Report by Income and Expenditure by Directorate analysed the overall favourable variance (£632,521 – box E on page 8) as expenditure (£929,025 favourable – box F) and income (£296,505 adverse – box G).

COMMUNITY & WELLBEING

Expenditure - £414.2k (6.7%) better than budget to date. This favourable variance was mainly made up of the following: - 1. Community & Wellbeing HQ - £21.5k adverse. Consultancy costs £9.8k adverse (V4 consultancy in connection with the potential outsourcing of the remainder of Leisure Services. That was not budgeted for). Legal fees £11.4k adverse in respect of Holywood Rugby Club (legacy issue – not budgeted for).

2. Environmental Health - £3.2k adverse. a. Payroll £18.1k adverse mainly due to final payments made to an employee who retired on ill health grounds at the end of April. b. Mileage was £8.1k favourable year to date. c. Samples analysis was currently £7.9k favourable to date though this was expected to come back into line with budget as the year progresses.

3. Community & Culture - £137.6k favourable. a. Payroll £65.3k favourable mainly due to underspends in Community Development (£25.2k), Good Relations (£17.6k), Peace IV (£11.1k) and Arts Development (£5.3k). Vacant posts in those services were to be filled as the year progresses. b. Community Partnership was £15.0k under budget but that was offset by a similar adverse variance on income. c. Community Activity & Summer Programmes running costs were £17.3k under budget to date. d. PCSP running costs were £12.5k under budget to date. e. Arts & Heritage running costs were currently £13.5k lower than budget to date.

4. Leisure & Amenities - £301.2k favourable. a. Payroll £84.8k favourable which was mainly due to underspends in Parks and Cemeteries (£88.4k). Vacant posts in this service were in the process of being filled. b. Ards LC (£46.6k), Comber LC (£7.8k) and Portaferry SC (£8.0k) running costs were £62.4k under budget to date. c. Community Halls/Centres running costs were £21.0k under budget to date. d. Parks and Cemeteries running costs were £45.5k favourable to date. e. There were a number of small favourable variances to date for other Leisure services such as Ards Half Marathon £9.7k, Sports & Football Development £10.0k, Bangor Sportsplex £5.6k, Bangor Aurora £4.9k, Queens Hall £7.1k, Everybody Active programme £9.6k and Countryside Management £7.2k.

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Income - £87.5k (4.6%) worse than budget to date. The adverse variance was mainly made up of the following: -

5. Leisure & Amenities - £52.3k adverse. a. Ards LC £52.8k adverse (mainly momentum fitness); Comber LC £26.4k adverse (momentum fitness £17.0k, tennis and outdoor pitch £5.9k), Portaferry Sports Centre £6.2k favourable and Londonderry Park £12.3k favourable. Plans were being formulated to try to boost fitness income at Ards and Comber. b. Community Halls income was £7.7k better than budget to date. c. Cemeteries income was £5.3k better than budget to date.

6. Community and Culture - £9.4k adverse. a. Community Partnership was £15.0k adverse but that was offset by a similar favourable variance on expenditure – see 3b above. b. Arts Summer Programme was £6.4k better than budget to date.

7. Environmental Health - £25.8k adverse. a. Affordable Warmth grant was £26.8k less than budgeted. Associated expenditure was being reduced in line with the grant reduction. There were indications that the grant allocation may increase later this year.

ENVIRONMENT

Expenditure - £80.0k (0.7%) worse than budget to date. The adverse variance was mainly made up of the following: -

8. Waste and Cleansing Services - £190.1k adverse. a. A combined summary of the main waste stream variances was set out in the table below.

£’000 Commentary Landfill 327.7 3.5k tonnes more than budget Brown/Green bin (148.4) 2.7k tonnes less than budget waste Blue bin waste (69.8) 1.8k tonnes less than budget

HRC waste 54.7 Higher tonnage than budget Total 164.2

Overall, the main waste stream budgets were showing an adverse variance of £164.2k. It was hoped the landfill adverse variance would reduce during the year as the glass collection service was now operational and there had been increased promotion of blue bin usage over the Summer. Both initiatives should result in less waste going to landfill.

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b. Payroll costs were £17.6k favourable to date. c. The route optimisation project had cost £129.2k across both revenue and capital. The project was over budget by £54.2k as set out below: Expenditure Budget Variance £’000 £’000 £’000 Revenue 17.6 - 17.6 Capital 111.6 75.0 Capital Receipts 36.6 129.2 75.0 54.2

The over spend was largely attributable to the purchase of in-cab equipment (£52.2k).

The over spend in revenue could be met from the £30k set aside in the Earmarked Fund from the 2016/17 year-end surplus and the over spend in capital expenditure can be met from use of additional capital receipts. d. Equipment repairs in the Waste Recycling Centres were £15.5k adverse to date as more repairs had been required to date than expected at the WRC’s. e. Printing costs £9.6k (recycling information) and advertising costs £7.4k (graphics on bin lorries) were adverse to date.

9. Assets and Property Services - £78.1k favourable. a. Technical Services were £77.2k under budget to date. That was mainly due to: - i. Payroll costs were £34.6k favourable mainly due to vacant posts which are in the process of being filled. ii. Electricity (£24.4k) and water costs (£10.3k) were £34.7k under budget to date. iii. Contractor costs were £16.2k under budget to date. That covered areas such as statutory compliance work, refurbishments, playgrounds and statutory upgrades.

10. Building Control, Licensing & Neighbourhood Environment - £26.2k favourable.

a. Dog Control Service (£11.0k), Litter Control (£5.9k) and Building Control Services (£5.8k) under budget to date due to a small number of favourable variances on running costs.

Income - £29.7k (1.3%) worse than budget to date. This adverse variance comprises: b. Waste & Cleansing Services - £47.2k adverse. That was mainly due to trade waste income (£31.7k) and sale of glass income (£15.0k) being worse than budget to date. c. Assets and Property Services - £11.3k adverse. Wind turbine income was £15.0k behind target to date. d. Building Control income was £25.2k better than budget to date. e. Property Certificate income was £10.5k better than budget to date. f. Car Park income £10.9k worse than budget to date.

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REGENERATION, DEVELOPMENT & PLANNING

Expenditure - £407.5k (12.9%) better than budget to date. The favourable variance was mainly made up of the following: - g. RDP HQ - £15.6k favourable was a result of a vacant post. h. Regeneration - £84.2k favourable. The favourable variance was explained by- a. Payroll £59.2k favourable due to vacancies in Urban Development (£13.7k) and Rural Development (£17.1k) which were in the process of being filled. Craft Development was, also showing an underspend (£19.9k) due to a vacant post. b. Public Realm revenue costs were currently £13.4k under budget. c. Rural Development Programme running costs were £8.2k under budget to date. That was offset by a similar reduction in grant – see 22b below. i. Economic Development - £32.8k favourable. The favourable variance was explained by: - a. Payroll £21.4k favourable. There were 2 vacant posts within Economic Development. One was currently being recruited with the other expected to be filled in early 2018. b. There were small favourable variances for Economic Development Workshops (£4.7k) and Signal Centre running costs (£2.5k). j. Planning - £104.9k favourable. a. Payroll £91.5k favourable due to vacancies. The 2017/18 budget included an allowance for 9 new posts. 4 posts had now been filled with the remaining 5 to be filled in December. b. There were small underspends to date on hired services (£6.8k) and mileage (£2.9k). k. Tourism - £169.9k favourable. The favourable variance was explained by: - a. Payroll £106.5k favourable. A number of vacant posts in Events and Tourism Development were in the process of being filled. b. Events such as the Comber Earlies Food Festival (£11.5k), Sea Bangor (£18.6k) and Summer Entertainment (£10.6k) were currently under budget. c. Events grants were currently £12.6k under budget.

Income - £1.7k (0.1%) worse than budget to date. The adverse variance comprised:

l. Planning income - £55.8k adverse a. Planning application income was £56.4k worse than budget to date. The 2017/18 income budget anticipated significant planning application fees in respect of the Queens Parade project. That was unlikely to occur in this financial year so income may be around £100k behind target by the end of the year. m. Regeneration - £35.8k favourable. That was mainly due to: -

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a. Revitalisation grants were £44.7k favourable as those were in respect of the 2016/17 year and, as the programme ended in 2016/17, there was no income budget for this year. b. Rural Programme grant was £7.8k worse than budget to date but this was offset a similar reduction in running costs – see 17c above. n. Economic Development - £15.3k favourable. a. Signal Centre income was £6.4k better than budget to date. b. Exploris income was £6.7k better than budget. That was due to the Council’s profit share for 2016/17 being £6.7k higher than the estimated amount used when finalising the Council’s 2016/17 accounts. This difference had to accounted for in this financial year so was showing a favourable variance.

FINANCE & PERFORMANCE

Expenditure - £115.3k (6.3%) better than budget to date.

o. Payroll costs were £113.4k lower than budget to date. NILGOSC additional capital contributions were £31.3k less than budget. Corporate Management was £38.4k better than budget (2 posts budgeted not filled yet) and Finance was £21.1k under budget to date due to a vacant post.

ORGANISATIONAL DEVELOPMENT & ADMINISTRATION

Expenditure - £61.3k (2.8%) better than budget to date. This favourable variance was mainly made up of the following: -

p. HR & OD - £12.0k adverse. That was mainly explained by: - a. Payroll being £10.8k favourable. A vacancy within Employee Relations was filled in late May. b. Legal costs were £23.1k over budget. Those were in respect of personnel matters. q. Administration & Customer Services - £73.1k favourable. Payroll £35.9k favourable due to vacancies which are to be filled as the year progresses. Customer Services running costs (£12.2k), Bangor Town Hall (£6.9k) and Church Street running costs (£5.1k) were better than budget to date.

Income - £10.1k (6.9%) better than budget to date.

NON-SERVICE INCOME AND EXPENDITURE

Expenditure - £2.6k (0.1%) better than budget to date.

Income - £187.7k (0.8%) worse than budget to date.

r. The Council had been advised by LPS that, based on Quarter 1 information, the 2017/18 rates outturn may result in a clawback of £144,000. Although the Domestic sector was performing well (£116.9k ahead of budget) the

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Non-Domestic sector was £261.1 behind target. The Quarter 2 update should be available next month.

In addition, the Council had received its Quarter 2 update on expected 2017/18 De-Rating Grant finalisation. That was now indicating a clawback of £39.9k for 2017/18 (Q1 was £49.5k so small improvement of £9.6k).

RECOMMENDED that the Committee notes this report.

The Interim Director of Finance and Performance spoke to the report highlighting the salient points.

Councillor Smart noted that payroll adverse payments were a recurring theme within the budget reports and he questioned if there were was an issue with the time frame for recruiting to positions or an HR resourcing issue. In response the Director of Organisational Development and Administration explained that the difficulty was at present that the Council was still bound by the vacancy control procedures following RPA. That meant when recruiting for a post the process firstly was to trawl internally, if no suitable employees were found the position was then trawled to the 11 Councils and then advertised externally. With this restriction, to get to the stage of appointment meant the process could be lengthy. The Council was attempting to lift the RPA restriction however was still bound by it at present.

In respect of Item 2a – Payroll £18.1k adverse mainly due to final payments made to an employee who retired on ill health grounds at the end of April; Alderman Carson questioned the reasoning for the adverse expenditure.

The Director of Organisational Development and Administration stated that such HR matters should be discussed in the exclusion of public/press. The Committee was in agreement to defer the item until the end of the meeting.

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In respect of Item 12 – Wind turbine income was £15.0k behind target to date; Alderman Carson questioned why the turbine would be behind target given that there had been a recent hurricane and a storm. In response the Interim Director of Finance and Performance stated that less energy was created from the wind turbine than previously budgeted and there were not any maintenance issues. However, he noted that the report covered the period up to September and did not cover Storm Ophelia. The Member requested a figure for the total income generated this year to date from the turbine and the Director said he would report back to him directly.

In respect of Item 25b – Legal costs £23.1k over budget. Those were in respect of personnel matters; Alderman Carson asked what the legal costs were associated with. In response the Director of Organisational Development and Administration noted that as the matter was a personnel issue she wished for the item to be discussed in the exclusion of the public/press.

Alderman Carson referred to page 9 and questioned why there was variance of £2,738 on interest. In response the Interim Director of Finance and Performance clarified that was interest received. There had been less borrowings as projected, therefore as less money had been borrowed, less cash deposited in advance of disbursement and less interest was paid.

In respect of Item 5a – Ards LC £52.8k adverse; Comber Leisure Centre £26.4k adverse; Councillor Smith expressed concerns regarding the income figures and asked about the income forecast for the new Leisure Centre. In response the Interim Director of Finance and Performance stated that he was of the view that the income had been over budgeted for the 17/18 year and it would be the intention in the 18/19 financial year to reduce the income targets to reflect their realised figures. The Director advised the Member that the new Leisure Centre was a different matter and the business plan detailed the income targets for it after opening and Leisure Officers remained of the opinion that those were their targets.

In respect of Item 7a – Affordable Warmth grant was £26.8k less than budgeted; Councillor Barry questioned if that was due to money not being released from Central Government. In response the Interim Director of Finance and Performance advised that the grant had reduced from DfC but there was a desire to continue the scheme due to how it could leverage substantial grants for home improvements in the Borough. However, he noted that as part of the current estimates process he was identifying several areas where central government was reducing grant funding and that may have an impact on the Council ability to provide the same level of service going forward.

Councillor Barry took the opportunity to remind Members that a consultation on the affordable warmth scheme was currently open for responses.

AGREED that the recommendation be adopted and that a response be given to Alderman Carson’s questions in the exclusion of the public/press.

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4. REQUEST TO UNDERTAKE WORKS AT CROMMELIN FOREST (FILE LP161)

PREVIOUSLY CIRCULATED:- Report from Director of Organisational Development and Administration detailing that he Council had received a request from Donaghadee Community Development Association (DCDA) seeking permission to undertake works to Crommelin Forest. DCDA had applied for and successfully received funding from the ‘Live Here, Love Here’ Small Grants Scheme to undertake an Environmental Improvement Scheme which would improve community use of the area. The proposed works include a tree survey, the creation of new gravel paths, boundary definition, planting a bluebell walk and signage.

Council officers from Community Safety, Parks, Assets, Risk Management and Compliance met with representatives from DCDA and discussed the project, and it was agreed that the project would enhance the area, and hopefully go some way towards decreasing some of the antisocial behaviour in that area by opening it up and providing the community with ‘ownership’ of it. It was however agreed that legal ownership and control of the area would remain with the Council, and a Licence to undertake works would be the best way to proceed. The following conditions should be attached to the Licence:

 The specification for all works to be agreed in advance with Council officers;  DCDA to undertake a Risk Assessment to be approved by Council Officers;  Legal ownership and control of the area, and all improvements made remain the property of Ards and North Down Borough Council;  DCDA to indemnify the Council against all claims arising during the period when the works are being undertaken;  All work must be completed to the satisfaction of Council officers;  DCDA must provide evidence of all relevant insurances and fully indemnify the Council against all risks associated with the use of land or property.

RECOMMENDED that the Council grants Donaghadee Community Development Association a Licence to undertake works subject to conditions detailed above.

Proposed by Councillor Smith, seconded by Councillor Brooks, that the recommendation be adopted.

In response to a question from Alderman Carson, the Head of Administration did not believe there would be a cost to the Council.

The Chairman enquired about the amount of the grant that was awarded. In response Councillor Brooks stated that the grant was in the region of £7,000. Councillor Brooks welcomed the report and the recommendation. He advised that he had been involved in the initial litter pick to clear the area where the Council had supplied the waste bags. 300 houses were proposed to the rear of Crommelin forest and the Manor farm development existed to the north of the area. Councillor Brooks stated that the whole area would benefit sustainably from the grant. Also he detailed that within the masterplan the area was planned to be an Eco Park.

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AGREED that the recommendation be adopted.

5. MEMBERS REGISTERING AS DATA CONTROLLERS

PREVIOUSLY CIRCULATED:- Report from the Director of Organisational Development and Administration detailing that the Information Commissioner’s Office (ICO) had asked that a reminder be sent to Elected Members about the requirement to register as separate data controllers.

Elected Members were considered by the ICO to be separate data controllers when conducting electoral ward duties as they may be, in those circumstances, handling personal information. In those cases, Elected Members were not covered by the Council’s registration or its data protection policy and need to be registered independently.

The ICO has stated that there is a clear distinction between when a Councillor is a data controller in his/her own right carrying out their advocacy work and dealing with constituency casework (as they decide how personal data is processed and handled), as opposed to when they are carrying out their duties as a representative of the Council.

The ICO guidance was that each individual Elected Member was required to be registered as a separate data controller and that, for example, the registration of a political party as a data controller would not be sufficient.

Members could register at https://ico.org.uk/for-organisations/register/ and the fee was £35.

RECOMMENDED that this report be noted and that individual Members consider the necessity to register.

AGREED TO RECOMMEND, on the proposal of Alderman Carson, seconded by Councillor Barry, that the recommendation be adopted.

6. DISABILITY ACTION PLAN 2017 – 2020 (FILE DIS1) (Appendix II)

PREVIOUSLY CIRCULATED:- Report from the Director of Organisational, Development and Administration attaching Disability Action Plan 2017-2018. The report detailed that each public authority had a duty to produce and annually monitor their Disability Action Plan. Ards and North Down Borough Council agreed the first Disability Action Plan for the period of two years from April 2015. A revised Disability Action Plan has been written to build on identified actions from the first and second years of its review. The new plan included potential inequalities and service improvements identified from service delivery and from comments and complaints recorded within the ECNI Annual Report.

The revised Action Plan was completed in July 2017 and consultation began on Monday 31 July 2017 for a period of 12 weeks as per the Council’s commitment to meaningful consultation within its Equality Scheme. 10

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The action plan retained many of the original actions as the Council was committed to ensuring service improvements include anticipatory duties of meeting the needs of those with a disability and their carers.

The consultation included issuing the document to the database of consultees in the Council’s Equality Scheme, inviting individual and representative groups to focused consultations and inviting members of the Council’s Disability Forum to comment on the plan or attend focus group meetings with the Compliance Officer (Equality and Safeguarding). The Disability Action Plan was also provided to the Heads of Service Team as part of the consultation and was made available on audio and distributed through local community and voluntary groups.

The feedback on the consultation from service users and representative groups has been collated and the Disability Action Plan amended as appropriate to reflect a meaningful document that would address the needs of the workforce and all whom the Council provided a service. The revised Disability Action Plan was for the period until 31 March 2020 and would be reviewed annually until that date.

RECOMMENDED that this report is noted.

AGREED TO RECOMMEND, on the proposal of Councillor Barry, seconded by Councillor McIlveen, that the recommendation be adopted.

7. PROVISION OF MEMORIAL BENCHES (FILE 65324 AND ADM38) (Appendix III)

PREVIOUSLY CIRCULATED:- Report from the Director of Organisational Development and Administration attaching photograph of proposed Memorial Bench. The report detailed that in December 2016, the Council adopted a motion proposed by Councillor Martin, seconded by Councillor Kennedy:-

“That the Council considers the purchase of a number of commemorative benches (to remember our fallen of GB and NI from all wars and conflicts) for appropriate locations thoughout the Borough. This should be achieved where possible through existing capital budgets but that provision could be made for individuals and organisations to sponsor a bench should they wish to. The Council requests that a report is brought back as soon as possible from officers indicating its feasibility and possible timescales.”

In proposing this motion at the meeting of the Corporate Services Committee in December 2016, Councillor Martin had suggested that:  officers should consult with the British Legion;  benches could be positioned throughout the Borough such as in Main Streets of our towns and villages;  Families who had lost a loved one in WW1, WW2, NI Troubles, the Gulf War, Afghanistan etc. could sponsor a bench.  Options for siting benches should form part of the report.

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A working group was established to progress this motion comprising:- Head of Administration, Head of Community and Culture, Head of Assets and Property Services, Head of Performance and Projects, Parks and Cemeteries Manager, Urban Development Manager; and Compliance Officer (Equality and Safeguarding).

The following matters were discussed:-

Existing Policy on Memorial Benches A Policy for the Provision of Memorial Benches was approved by the Council (via the Environment Committee) in March 2016. The policy sets out criteria and conditions that would enable officers to process applications in a fair and equitable manner. Requests for memorial seats would be considered at any Council owned piece of land, provided the nature and purpose of the location was not adversely affected by the addition of the requested seat. Where appropriate, in order to reduce maintenance liabilities and avoid overcrowding, memorial seats should replace existing seats rather than be installed in addition to them. Benches would be of the type and colour specified by the Council in order to be assured of aesthetics, durability and maintenance requirements. Benches at cemeteries were covered in the policy and also in the policy and procedures for Burial Grounds.

The existing policy stated that the requestor pays. No more than 10 requests would be processed in any given calendar year. It was noted that requests had been received for memorial seats which had been declined as the benches in the requested areas did not need replaced.

Public Realm Schemes/Village Plans All seating in town centres follows an “existing theme” (as referred to in the attached policy) which tends to be the design of the relevant public realm scheme (these vary from town to town). The design and location of street furniture in villages was informed by the respective Village Plans.

DfI Roads were key stakeholders in the siting of street furniture and must approve specification and location details of new benches.

Budgetary Considerations There was currently no budget to cover the costs of new benches. Under the existing policy, the requestor pays. However, it may be appropriate to fund the provision of Memorial Benches from the budget for the Assets and Property Section’s War Memorial refurbishment project.

Consultation Consultation was undertaken with:  a representative from the Somme Museum  representatives from the Royal British Legion  Community Association/Group representatives;  officers of Armagh, and Craigavon Borough Council.

Views were sought on the principle of providing such benches and the most appropriate location for them.

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The Council’s Project and Capital Unit also consulted with the relevant Community Associations/Community Groups (in villages where no RBL representatives were active) on the general War Memorial Refurbishment Scheme.

Location of Benches For a number of reasons, including some highlighted above, the Working Group did not think it was appropriate to locate benches on the streets of the Borough’s towns and villages. The War Memorial Refurbishment Scheme presented the ideal opportunity for benches to be located at or near War Memorials, as practicably possible, where they would be given context. This view was shared by representatives of the Royal British Legion. The Director of the Somme Museum also stated that the appropriate place for reflection on the Fallen was at war memorials.

Armagh City, Banbridge and Craigavon Borough Council (ABC) installed benches at War Memorials in 12 towns and villages in the Borough as part of an initiative to mark the Centenary of the Battle of the Somme in 2015.

There was a war memorial in most of the towns and villages in the Borough.

Refurbishment of War Memorial Scheme The Council, via the Environment Committee, agreed to carry out a Refurbishment of War Memorial Scheme and a budget of £120,000 had been set aside for this, with work commencing in April 2018 and consultation ongoing with British Legion and Community Association representatives. This scheme was being progressed by the Capital and Project Unit in partnership with the Asset and Property Unit.

Design The Working Group considered the preferred design of the Memorial Bench, as identified by Councillor Martin and depicted in the attached photograph. The photograph which showed the bench in position in the Armagh City, Banbridge and Craigavon Borough Council area. It was proposed that this design be adopted, subject to risk assessment, and that a small plaque be attached to each one stating that the benches were provided by Ards and North Down Borough Council to mark the Centenary of the First World War Armistice in 2018.

Equality Screening It was considered likely, on initial consideration, that a proposal to locate benches only at or near War Memorials in the Borough would be screened out. A full screening exercise would be carried out once a decision had been taken on this matter.

The demographic make-up of the Borough’s towns and villages differs in terms of perceived political opinion and religious belief. A full consultation would be required with local populations if benches, of the suggested design, were to be installed in main thoroughfares.

Proposal Based on the above deliberations, it was proposed that further consideration of the

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CS.14.11.17 PM provision of Memorial Benches of the style shown in the photograph was undertaken as part of the War Memorial Refurbishment Scheme.

Costs Subject to no more than one bench being provided at or near each of the War Memorials in the Borough, it was estimated that the costs of purchasing the Memorial Benches would be in the region of £6,500. A further £6,500 was likely to be required to carry out the necessary preparatory groundworks at each location, making a total approximate sum of £13,000. The budget for the War Memorial Refurbishment Scheme was unlikely to cover these costs and may need to be supplemented.

Timing It was envisaged that the proposal, if adopted, would be delivered along with the other elements of the War Memorial Refurbishment Scheme between April and November 2018, prior to Armistice Day.

RECOMMENDED that  Memorial Benches (of the design depicted) are provided at or near War Memorials, as described above and subject to risk assessment and any necessary permissions being obtained;  this proposal is incorporated into the War Memorial Refurbishment Scheme which may require an additional budget of around £13,000 as outlined;  a further report on the War Memorial Refurbishment Scheme, incorporating the above proposal, is brought to the Council, via the Environment Committee, in December 2017 with further details.

AGREED TO RECOMMEND, on the proposal of Alderman Carson, seconded by Alderman Keery, that the recommendations be adopted.

8. SIR SAMUEL KELLY LIFEBOAT (FILE LP64) (Appendix IV)

PREVIOUSLY CIRCULATED:- Report from the Director of Organisational Development and Administration attaching map. The report provided the undernoted detail:-

Background

The Council had previously agreed to lease land in Donaghadee (adjacent to Copelands Marina) to the Donaghadee Heritage Preservation Company (DHPC) for a period of 25 years for the purpose of storing the Sir Samuel Kelly Lifeboat. However, due to ongoing negotiations on the ownership of the boat between DHPC and National Museums NI (NMNI), the lease did not come to fruition.

Current Position

Ownership of the boat was subsequently transferred from NMNI to ANDBC. Officers from the Council’s Land section, Museum, and Regeneration Section have met with

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CS.14.11.17 PM officers from DHPC to discuss the future of the boat and its restoration, whilst also considering the Donaghadee Masterplan.

It was agreed that the best way to proceed would be for ANDBC to loan the Sir Samuel Kelly Lifeboat to DHPC for a period of 25 years, subject to a suitable Loan Agreement with all relevant terms and conditions included to ensure the restoration and preservation of the boat. That would allow DHPC to apply for Heritage Lottery Funding to undertake the restoration work. The Loan agreement would include a schedule of works to be agreed in advance with Council officers before any work was undertaken, together with a requirement to indemnify the Council against all claims.

It was also agreed that the current site of the Sir Samuel Kelly may not be the best long term location for the boat, particularly given the Donaghadee Masterplan, but that it was a suitable location to undertake the restoration works which should take no longer than 5 years. The Lease should be subject to the following:

 Land and Property services confirming a nominal rental;  The Donaghadee Heritage Preservation Company indemnifying the Council against all claims which may result from their occupation of the property and the activities being undertaken;  Donaghadee Heritage Preservation Company having adequate public liability insurance, a copy of which must be forwarded to the Council.  The property/land being maintained in a good and substantial state of repair and to the satisfaction of the Council’s officers or agents;  Donaghadee Heritage Preservation Company obtaining all necessary statutory approvals for the site;  The property to be returned to the Council in a good and substantial repair upon termination of the lease.

A future report would be required on the long term proposals for the display of the Sir Samuel Kelly taking into account the proposals in the Donaghadee Masterplan.

RECOMMENDED that the Council enters a 25 year loan agreement with DHPC for the Sir Samuel Kelly lifeboat, and agrees to lease the land shown edged on the attached map to Donaghadee Heritage Preservation Company, and grant a right of way over the land shown green for a period of five years for the purpose of storing the Sir Samuel Kelly Lifeboat whilst it undergoes restoration works subject to the conditions outlined above.

AGREED TO RECOMMEND, on the proposal of Councillor Smith, seconded by Councillor Brooks, that the recommendation be adopted.

9. VARIATION OF LICENCE TO NI WATER (LP 36) (Appendix V)

PREVIOUSLY CIRCULATED:- Report from the Director of Organisational Development and Administration attaching map. The report detailed that NI Water was investing approximately £3 million into an environmental improvement scheme to reduce the volume and frequency of sewage entering into the streams and sea 15

CS.14.11.17 PM within Bangor, and improve water quality. As part of the scheme a new waste water pumping station and associated sewers and pipes were required in Castle Park, Bangor.

Members would be aware that in March 2016 the Council agreed to transfer (and lease back once the work had been completed) the land shown red on the map to NI Water, and to grant a licence for the area outlined grey to be used as a temporary working area with a right of way over the land shown blue.

Current position

The original Licence was for a period of 9 months, however due to adverse ground conditions the works had taken longer than planned and correspondence had been received from NI Water asking that the licence be extended to February 2018. In addition, they have asked for a variation to the licence to allow the construction of a temporary car park for Bangor Abbey congregation within the temporary working area, whilst works were ongoing on the church site.

RECOMMENDED that the Council agrees to the extension of the Licence until February 2018, and varies the conditions of the Licence to allow a temporary carpark to be constructed within the compound subject to the original conditions being adhered to.

AGREED TO RECOMMEND, on the proposal of Alderman Gibson, seconded by Councillor Brooks, that the recommendation be adopted.

10. NOTICE OF MOTION

10.1 Notice of Motion submitted by Councillor Barry, Councillor Robinson and Councillor Woods

‘That this Council, while recognising the importance that religion plays for many people, agrees that religious prayers (including Bible readings) be removed as part of the official agenda of meeting. These expressions of a particular faith are not inclusive of those of different faiths or none, are not necessary for the conduct of council business, and are unrepresentative of the entire of the Ards and North Down Borough and its diverse communities. Council meetings should be inclusive and welcoming to all who attend, councillors, officers, delegations, the media and members of the public. A moment of silent reflection at the start of council meetings, outside of the formal agenda, could be considered as a more appropriate way to allow for the inclusion of any religious, spiritual or ethical dimension prior to the official business of the meeting.’

Proposed by Councillor Barry, seconded by Councillor Robinson, that the Notice of Motion be adopted.

Councillor Barry spoke to the motion beginning by stating that there was much to be learnt from religion. He explained that the notice of motion was neither anti-Christian nor an attempt to suggest that religious beliefs should be banned from politics and the public sphere. He advised that he was a democrat, which was the idea that

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‘each is to count for one, none for more than one’. None for more than one….. that meant no one person or belief system (whether faith based or not) should have a privileged or unfair position in a democracy. Councillor Barry stated that his notice of motion was not an attempt to deny councillors with a deep faith from expressing their views and seeking to convince him or others of their arguments and positions, or indeed covert. He stated that his notice of motion was motivated by a desire that we should separate faith and state not faith and politics.

Councillor Barry explained that the motivation and impetus behind his notice of motion was secularism and democracy not atheism and anti-christianity. And it was important to distinguish two senses of secularism which were often confused. The first, and the one which motivated the motion, was the democratic importance in a modern society of different beliefs and cultures of separating faith and state. The second sense of secularism was the observation and encouragement by some, of the decline in religion in modern society. Councillor Barry noted that was a separate issue.

Councillor Barry went on to detail how he would like to address what seemed to him to be the two main arguments against the reasonable proposition that he was proposing, to replace mandatory prayer as part of the official agenda with a voluntary moments silence outside the formal agenda. To deal with the issues of tradition and majoritarianism he firstly he believed that the idea that prayer and bible readings had a long history and had been custom and practice for many years or decades that was a weak argument. Justifying something simply or mainly because it was ‘tradition’ was not an argument to continue it.

Councillor Barry questioned was it right that whatever the majority thought should be imposed on everyone and how in all reasonableness could a Council backed expression of one faith be said to represent all citizens or indeed councillors. On this note, Councillor Barry appealed to Members to support the motion and that the Council lead the way in moving beyond the ‘ungenerous majorities’ that he believed had plagued this society for so long with such disastrous outcomes.

Councillor Barry wished to apologise and pay tribute to Councillor Leslie who had spoken to him about his hurt at this motion stating that he would he could see from Councillor Leslie’s eyes as much as his words that he was pained and he thanked him for his honesty and for talking to him.

Furthermore, he apologised to the party leaders and stated that in hindsight he could have raised this issue with them to see if this issue could be aired in private and to see if a compromise could be found. However, the matter was now up for debate and the issue of principle he was raising stood as an important one. Also, Councillor Barry stated that for those who said that he was merely seeking publicity or playing politics he assured them that he was seeking to raise the issue, to have people debate it outside the chamber as it was an important issue.

Councillor Barry reemphasised that he did not wish to offend anyone and noted that the change could almost invariably produce negative outcomes or feelings for some. He stated that even if the outcome of the debate was a defeat, at the very least those who did support the current practice should offer reasons for its continuation.

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He reiterated that arguments on the on the grounds of ‘tradition’ or ‘majoritarianism’, were weak, and thought what he would see was that sheer force of numbers not reasonable argument determined the outcome.

In closing, Councillor Barry stated that removing prayers and Bible readings from the official agenda of the monthly meetings and replacing it with a moment’s silent reflection outside the agenda was a threat to no-one. He urged those of religious conviction out of strength in their beliefs to support this motion. If their faith was strong he felt, they did not need the support of the state. Replacing the prayer and Bible reading with a moment’s silent reflection was a sign of strength not weakness.

As the seconder, Councillor Robinson stated that she was glad to get the opportunity to speak, given that there had already been a fair bit spoken about it on radio and social media, and indeed in various face-to-face conversations. She began by saying that the previous week she had the privilege and honour of attending a new play by Philip Orr, entitled “In Search of Hope”. The play was based on the experience of people known to Members, and revealed just how deep their own faith was, and indeed that their faith was their way of life.

Councillor Robinson stated that she did not intend to discuss her own beliefs, as she regarded those as her own affair, but for some personal context, she advised that she was brought up in the Presbyterian church, regularly attending Sunday School, Bible class and so on. Her brother was a lay preacher, her uncle was a fully-ordained Church of Ireland minister. She was asked the question why she found the current prayers and Bible readings offensive and that she wished to stress that she genuinely did not find them offensive at all. She clarified that the motion was about acknowledging and respecting each other’s different views and diversity.

Councillor Robinson advised that she had been taken aback to what she described as a tangible chill from some members when news of the motion came and stated that some people have mistakenly taken the view that, in seconding this motion, she was somehow endorsing an attack on their Christian faith, or attempting to erode it and there had been some degree of a defensiveness around the motion.

She stated that she took both her roles as an independent Councillor and Diversity Champion very seriously. As an independent, her sole aim was to serve everyone in the Borough to the best of her ability, treating everyone with equal respect and consideration.

As well as people of various nationalities, there was also people of diverse faiths, and indeed people of no faith, living in the Borough. There were various Presbyterians, Church of Ireland, Methodists, Baptists, Quakers, members of the , Jews, Buddhists, Hindus, Mormons, Jehovah’s Witnesses, members of Baha’i Faith, Humanists, Evangelicals, Pentecostals, Pagans, there was agnostics, atheists and probably a whole lot more.

Councillor Robinson stated that we were all one human tribe, all mere mortals making our way in the world. She stated that sharing humanity and striving for inclusivity was so important to her. As a Diversity Champion, she wanted champion inclusivity in the Council meetings, which were all open to the general public too.

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Councillor Robinson felt having a moment or two of quiet contemplation seemed a viable option, as it gave space to all to either quietly pray, or to quietly prepare in their own manner for the upcoming business. Another suggestion could be that the Council alternated a variety of faith-based prayer with periods of quiet contemplation. Also, it could be a more meaningful plan for those wishing to say prayers and hear Bible readings to hold a meeting just prior to the actual meeting commencing.

Councillor McIlveen stated that he would not be supporting the motion. On a preliminary point, he noted that the bible reading was not part of the official agenda of the Council and it was entirely up to the Mayor whether he chose to have one. He noted that last year Alderman Girvan did not have a bible reading and he was not going to dictate to any Mayor on the issue, that was a matter of personal choice. Councillor McIlveen stated that his faith was a private matter and he did not seek to force faith on anyone. Councillor McIlveen reminded Councillor Barry that the format of the Council agenda was agreed unanimously at the leaders meeting at which he had been part of. Even with that opportunity missed, Councillor McIlveen expressed his disappointment at how the matter had been handled by Councillor Barry as the Group Leaders forum existed specifically for those type of issues to be discussed. Instead, he advised that Councillor Barry brought forward the notice of motion and sent out a press release, he therefore doubted the reasoning behind the motion. Councillor McIlveen viewed the motion as a publicity seeking stunt and he was disappointed that such a motion would be brought forward that did not provide benefit to the people of the Borough.

Councillor McIlveen stated that the matter was neither an equality or a human rights issue, a court had already ruled that holding prayers in Council did not indirectly discriminate against secularists/humanists and further that it did not breach their rights under the European Convention on Human Rights.

Councillor McIlveen went on to highlight that it was Green Party policy to support Integrated Education and recalled attempts by Steven Agnew MLA to have the new Education Authority promote Integrated Education through an amendment to the Education Bill. The Integrated Education sector relied on a headcount of religions and those primary schools must offer sacramental preparation. He stated that he could not find a Green Party policy about removing religion from schools and felt the matter displayed Green Party inconsistencies.

Councillor Muir regretted that Councillor Barry had not brought his proposal to the Party Leaders Forum in the first instance. However, he noted that the Member had apologised and that was often rare for Members to have the ability to apologise when they had made a mistake. Councillor Muir voiced his support for the motion stating that some Members felt uncomfortable when the prayer was read. He stated that he preferred to keep his faith a private affair and he hoped a toned and measured debate could occur on the matter.

Councillor Kennedy stated that to many people, the Green Party was a fairly harmless, and inoffensive groups of individuals who liked the environment. However, he questioned if that assessment was truly accurate and what ideological sat beneath that position. Councillor Kennedy felt the motion was timely given that the

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CS.14.11.17 PM previous week saw the 100th anniversary of the Russian revolution, whose ideological blood runs through Green ideology.

In response to a comment made by Councillor Kennedy directed towards Councillor Muir, the Chairman interjected and stated that Councillor’s Kennedy’s comments were off the mark. She asked for her statement to be recorded in the minutes.

Councillor Smith stated that he did not wish to be hypocritical and stated that he was not a Christian. He stated that while he would have issues with some Christian teachings, he did share many other Christian values and principles. He explained that for him the heart of Christianity, and personified by Jesus Christ, was one of love, of compassion, of kindness and of mercy. A short prayer and bible reading at the start of the monthly meeting should give time to focus minds on higher things. Councillor Smith advised at the last census 83% of people identified themselves with a christian denomination and therefore was something which permeated throughout our society. Councillor Smith stated that he believed that the Council had nothing to be ashamed of in having a short moment of Christian prayer and a scripture reading.

Councillor Chambers stated that he welcomed diversity in the Borough and respected everyone’s religious beliefs regardless of faith. He understood why the motion had been put forward as he recognised there were people who felt that it was unnecessary for prayers or biblical readings to be part of the conduct of Council business and also felt it was not inclusive. However, Councillor Chambers stated that we lived in a Christian country, a largely Christian Borough and the prayer was agreed to be part of the agenda at the formation of the Council and those facts must also be given respect. Councillor Chambers was not aware of any negative feedback ever being received in respect of the prayer and questioned if the Council had received any official complaints regarding the prayer being on the agenda over the last few years. Councillor Chambers stated that he could not support the motion as it clashed with his party’s ethos.

On summing up, Councillor Barry welcomed the debate that had occurred on the matter. He believed that a moment of reflection did not ban religion and re- emphasised that his motivation was secularism, separating faith and state. Councillor Barry stated that he did not feel uncomfortable when the prayer was being read however noted there were people that did and he felt it was only right that Members could suggest to change practices as time went along.

Councillor Smith requested a recorded vote which requested as follows:-

FOR (3) AGAINST (10) Alderman Girvan Aldermen Carson Councillors Barry Gibson Muir Keery Councillors Brooks Chambers Gilmour Kennedy McIlveen Smart

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Smith

ABSTAINED (0) ABSENT (1) Alderman Graham

The motion FELL.

EXCLUSION OF PUBLIC/PRESS

AGREED TO RECOMMEND, on the proposal of Alderman Carson, seconded by Councillor Chambers, that the public/press be excluded during the discussion of the undernoted items of confidential business.

3. BUDGETARY CONTROL REPORT – SEPTEMBER 2017 CONTINUED…

***IN CONFIDENCE***

***NOT FOR PUBLICATION***

Schedule 6 – Information relating to the financial or business affairs of any particular person (including the Council holding that information).

11. LONG SERVICE AWARDS (FILE HR38)

***STAFF IN CONFIDENCE**

***NOT FOR PUBLICATION***

Schedule 6 – Information relating to the financial or business affairs of any particular person (including the Council holding that information).

12. MEMBERS’ CHARTER UPDATE (FILE DIR/ADM4) (Appendices VI, VII)

***STAFF IN CONFIDENCE***

***NOT FOR PUBLICATION***

Schedule 6 – Information relating to the financial or business affairs of any particular person (including the Council holding that information).

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13. REQUEST FOR RENT ABATEMENT FROM CITIZENS’ ADVICE, ARDS AND NORTH DOWN (CAAND) (FILE LP38)

***COMMERCIAL IN CONFIDENCE***

***NOT FOR PUBLICATION***

Schedule 6 – Information relating to the financial or business affairs of any particular person (including the Council holding that information).

14. CONSENT TO ASSIGNMENT OF PART OF LEASE (FILE OS 699990A) (Appendix VIII)

***COMMERCIAL IN CONFIDENCE***

***NOT FOR PUBLICATION***

Schedule 6 – Information relating to the financial or business affairs of any particular person (including the Council holding that information).

15. LEASE OF LAND FROM NIHE FOR KILCOOLEY 3G PITCH (FILE LP67) (Appendix IX)

***COMMERCIAL IN CONFIDENCE***

***NOT FOR PUBLICATION***

Schedule 6 – Information relating to the financial or business affairs of any particular person (including the Council holding that information).

16. ABSENCE REPORT Q2 (Appendix X)

***STAFF IN CONFIDENCE***

***NOT FOR PUBLICATION***

Schedule 6 – Information relating to the financial or business affairs of any particular person (including the Council holding that information).

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17. VOLUNTARY SEVERANCE FOR ARDS LEISURE CENTRE HOUSEKEEPERS (Appendix XI)

***STAFF IN CONFIDENCE***

***NOT FOR PUBLICATION***

Schedule 6 – Information relating to the financial or business affairs of any particular person (including the Council holding that information).

18. ANY OTHER NOTIFIED BUSINESS

No items of Any Other Business had been notified.

TERMINATION OF MEETING

The meeting terminated at 8.08 pm.

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ITEM 7.5

ARDS AND NORTH DOWN BOROUGH COUNCIL

A meeting of the Community and Wellbeing Committee was held in the Council Chamber, 2 Church Street, Newtownards on Wednesday, 15 November 2017 at 7.00pm.

PRESENT:

In the Chair: Councillor Brooks

Aldermen: Irvine Smith

Councillors: Adair Martin Boyle McAlpine Chambers Menagh Cooper Muir Douglas Smart Dunne Thompson (7.55pm) Edmund Woods

Officers: Director of Community and Wellbeing (G Bannister), Head of Community and Culture (J Nixey), Head of Leisure and Amenities (I O’Neill), Head of Environmental Health, Protection and Development (M Potts), Temporary Community Development Manager (S Addy), Interim Director of Finance and Performance (J Pentland), Corporate Communications Manager (C Jackson) and Democratic Services Officer (E Brown)

Others: Councillor Barry Councillor Smith

1. APOLOGIES

Apologies for inability to attend were received from Councillor Kennedy.

Apologies for lateness were received from Councillor Thompson.

NOTED.

2. DECLARATIONS OF INTEREST

The Chairman asked for any declarations of interest.

Alderman Irvine declared an interest in Item 21 – Pricing of Services in 2018.

NOTED.

CW 15.11.17PM

3. DEPUTATION

3.1 Foodbank NI

The Chairman welcomed Ken Scott, Project Manager, to the meeting and invited him to make his deputation.

Mr Scott thanked members for the opportunity to speak to them about the work of Foodbank NI. He commenced by explaining that the Foodbank Team comprised a Project Manager, Warehouse Managers, and a Volunteer Co-ordinator. They also had members that oversaw the Foodbank centre at the Hamilton Road Centre, Food Collection at Tesco and Sainsbury’s and a member that looked after Administration.

He advised that he reported to Foodbank Trustees, who were responsible for overseeing everything from the Project Manager, food collection, warehouse, Foodbank centres, referral agencies and volunteers, to data collection, public relations, fundraising, accounting and statutory policies.

Mr Scott reported that a recent report by the Department for Communities (Households Below Average Income Report 2015/16) had reported that 16% of the Ards and North Down Borough Council area lived in relative poverty. Every day, people in the Ards and North Down Borough Council area went hungry for reasons ranging from redundancy, benefit delay, or receiving an unexpected bill on a low income. The increasing reliance of people in this area on emergency food had failed to fully enter into the public consciousness.

He then advised that the County Down Spectator, in its 2 November 2017 edition, had reported that five families a week on average used food banks, however it was known to Foodbank that the joint weekly average figure between Bangor Foodbank and the Storehouse North Down was more like 28 families.

Bangor NI Foodbank had opened its doors in October 2012 to give people in crisis in Bangor practical help and a brighter future. It now comprised a network of seven churches, operating two distribution centres and it was hoped to continue increasing that.

Foodbank NI was part of the Trussell Trust network, which was a charity founded on Christian principles that worked with people of all faiths and none. The Trust ran a network of over 400 foodbanks, giving emergency food and support to people in crisis across the UK, where thirteen million people lived below the poverty line. In the previous year they had given out 1,182,954 three-day emergency food supplies to people in crisis.

Mr Scott provided information about the Trussell Trust – the UK Facts:

• 586,907 three-day emergency food supplies were given to people in crisis in first half of 2017, a 13% increase on the same period the previous year – 208,956 were given to children • Foodbanks in areas of full Universal Credit rollout for six months or more had

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seen a 30% average increase six months after rollout compared to the year before • Foodbanks reported serious effects of six-plus week waiting period, poor administration and inability of current advance payment system to support everyone on no income

Mr Scott then explained how Foodbank worked:

Step 1 – Non-perishable food was donated by the public via schools, churches, businesses and supermarket collection – there were permanent collection points in Tesco Springhill and Sainsbury’s – twice a year Tesco donated a further 20% in monetary terms. Harvest, Christmas and Easter times were the most popular time for people to donate. Schools, churches and businesses all donated items to Foodbank.

Step 2 – Volunteers sorted and stored the food – all food was weighed in and sorted by date ready for distribution

Step 3 – Frontline care professionals gave Foodbank vouchers to people in crisis. They included health visitors, Citizens Advice, Northern Ireland Housing Executive, social workers, Councillors, church pastoral workers, doctors’ surgeries, schools, carers, care centres and probation services.

Step 4 – Clients exchanged their voucher for 3 days’ supply of food at either Foodbank distribution centre. Clients ranged from people living alone to families or various sizes.

Step 5 – They took time to listen and signpost clients to further support – through an informal chat over a warm drink, bowl of soup or stew volunteers could offer a listening ear, assess further needs the client may have, signpost to a range of support services in the Borough and offer to pray with the client (when appropriate). They would also ascertain other factors such as if the client had pets, food allergies or were a vegetarian for example, and the food packages would be compiled accordingly.

Bangor Foodbank – the facts:

 In 2016/2017 they fed 222 children and 438 adults  In 2017/2018 so far they had fed 88 children and 164 adults  They had collected/distributed 13,820.01kg of food in the last calendar year  They currently had 70 Referral Agencies  Reasons for referrals in the previous year were as follows:

Adults Children • Benefit Changes 14% 6.7% • Benefit Delays 19% 8.5% • Debt 8.5% 8.5% • Homeless 2.4% - • Low Income 39% 23% • Sickness 4.3% 3.6%

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People helped by ward was as follows:

Ballygrainey 7.4% Groomsport 1.0% Bloomfield 7.6% Harbour 21.0% Broadway 3.8% Helen's Bay 3.8% Bryansburn 1.0% Kilcooley 24.0% Castle 6.8% Movilla 4.0% Clandeboye 1.0% Rathgael 2.4% Cronstown 1.0% Silverbirch 1.4% Gilnahirk 2.2% Silverstream 9.3%

To help prevent people facing hunger at Christmas, The Trussell Trust was asking policy-makers to urgently take action on:

1. Six-week wait: As a matter of urgency, the 6 week wait for the first payment had to be cut to make sure people were not left without money and in need of a foodbank. 2. Advance loan repayment: There had to be better availability of advance loans which were affordable to repay and did not throw people back into crisis. A three-month grace period before starting repayments should be made available, as well as information about paying back smaller proportions of an advance loan so people could agree an appropriate repayment plan. 3. Poor administration: 1/5 of people were waiting for longer than 6 weeks; documents were being lost; people were being overpaid or underpaid; and finding themselves in debt or rent arrears. Those issues should be assessed and tackled across rollout areas. 4. Transition between legacy benefits and Universal Credit: When someone moved onto Universal Credit, any benefit previously paid automatically stopped. All benefit payments should have run on until Universal Credit payments started, with a focus on Housing Benefit.

Mr Scott concluded that every person could make a difference and that together people would make change.

The Chairman thanked Mr Scott for his informative presentation and he invited questions from members.

Several members rose in support and with questions and the following responses were given by Mr Scott:

 Consideration was being given to working in a more joined up way with other foodbanks in the Borough so that they could combine their efforts and avoid duplication  There was a link between Foodbank and CAP as CAP was one of the official bodies they would refer people to for help. Bangor Elim church also had a member from CAP who people could also talk to for help  The Trussell Trust guidelines were that a client could be given three vouchers

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in a three-month period, however Foodbank could issue more at its own discretion and would never turn anyone in need away  Foodbank worked with referral agents who would collect and deliver vouchers to clients who were unable to do so themselves. The Balloo centre was not the most easily accessible and so it was planned to introduce and increase voucher collection and delivery for those clients that needed it  Assisting with fuel poverty was also under consideration and developing a fuel bank with other partners was something being looked at for the future. St Vincent de Paul currently helped people struggling with fuel poverty  There was an information booklet available to Members who wished to know more about how to refer a person for assistance; Members were ideally located in the community to do that and it would be welcomed by Foodbank if Members took that up  The figures presented earlier were only the tip of the iceberg given that some people were nervous about approaching Foodbank  Members were welcome to visit Foodbank and see the set up for themselves  Some people in need had been reluctant to enter the Foodbank premises, However, every person would be treated with dignity and respect  In addition to providing food parcels, other follow-up was put in place to help people in other ways and they did not just rely on the statutory agencies  The Foodbank Facebook page contained examples of success stories, including local people, telling how the Trussell Trust had helped them and how they had come through their difficult situations  Thriving Life church managed the Foodbank in Newtownards.

Councillor Douglas expressed grave concern at the statistics provided. She noted that the UK had the fifth richest economy in the world and yet there was a need for people to use foodbanks. She believed it was a shameful indictment of the Conservative Government and she hoped that her colleagues in the Chamber would speak to their MPs and call for action. She added that foodbanks were a lifeline for many families in the Borough.

The Chairman expressed his thanks to the deputation and noted that it was good that the assistance was there however it was sad that there was a need for it.

The deputation withdrew from the meeting at this stage.

4. COMMUNITY AND WELLBEING BUDGETARY CONTROL REPORT (FILE: FIN45)

PREVIOUSLY CIRCULATED: - Report dated 30 October 2017 from the Director of Community and Wellbeing stating that the report covered the 6-month period 1 April to 30 September 2017 and was set out below. The net cost of services was showing an under spend of £326,640 (7.7%).

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Explanation of Variance

A Budgetary Control Report by Income and Expenditure for the Directorate was, also shown below which analysed the overall favourable variance (£326,640) by expenditure (£414,155 favourable) and income (£87,515 adverse).

Community and Wellbeing

Expenditure - £414.2k (6.7%) better than budget to date. This favourable variance was mainly made up of the following: -

1. Community and Wellbeing HQ - £21.5k adverse.

Consultancy costs £9.8k adverse (V4 consultancy in connection with the potential outsourcing of the remainder of Leisure Services. This had not been budgeted for). Legal fees £11.4k adverse in respect of Holywood Rugby Club (legacy issue – not budgeted for).

2. Environmental Health - £3.2k adverse.

a. Payroll £18.1k adverse mainly due to final payments made to an employee who had retired on ill health grounds at the end of April. b. Mileage was £8.1k favourable year to date. c. Samples analysis was currently £7.9k favourable to date though this was expected to come back into line with budget as the year progressed.

3. Community and Culture - £137.6k favourable.

a. Payroll £65.3k favourable mainly due to underspends in Community Development (£25.2k), Good Relations (£17.6k), Peace IV (£11.1k) and Arts Development (£5.3k). Vacant posts in these services were to be filled as the year progressed. b. Community Partnership was £15.0k under budget but this was offset by a similar adverse variance on income – see 6a below. c. Community Activity and Summer Programmes running costs were £17.3k under budget to date. d. PCSP running costs were £12.5k under budget to date. e. Arts and Heritage running costs were currently £13.5k lower than budget to date.

4. Leisure and Amenities - £301.2k favourable.

a. Payroll £84.8k favourable which was mainly due to underspends in Parks and Cemeteries (£88.4k). Vacant posts in this service were in the process of being filled. b. Ards LC (£46.6k), Comber LC (£7.8k) and Portaferry SC (£8.0k) running costs were £62.4k under budget to date. c. Community Halls/Centres running costs were £21.0k under budget to date.

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d. Parks and Cemeteries running costs were £45.5k favourable to date. e. There were a number of small favourable variances to date for other Leisure services such as Ards Half Marathon £9.7k, Sports and Football Development £10.0k, Bangor Sportsplex £5.6k, Bangor Aurora £4.9k, Queens Hall £7.1k, Everybody Active programme £9.6k and Countryside Management £7.2k.

Income - £87.5k (4.6%) worse than budget to date. This adverse variance was mainly made up of the following: -

5. Leisure and Amenities - £52.3k adverse.

a. Ards LC £52.8k adverse (mainly momentum fitness); Comber LC £26.4k adverse (momentum fitness £17.0k, tennis and outdoor pitch £5.9k), Portaferry Sports Centre £6.2k favourable and Londonderry Park £12.3k favourable. Plans were being formulated to try to boost fitness income at Ards and Comber. b. Community Halls income was £7.7k better than budget to date. c. Cemeteries income was £5.3k better than budget to date.

6. Community and Culture - £9.4k adverse.

a. Community Partnership was £15.0k adverse but this was offset by a similar favourable variance on expenditure – see 3b above. b. Arts Summer Programme was £6.4k better than budget to date.

7. Environmental Health - £25.8k adverse.

a. Affordable Warmth grant was £26.8k less than budgeted. Associated expenditure was being reduced in line with the grant reduction. There were indications that the grant allocation may increase later that year.

BUDGETARY CONTROL REPORT By Directorate and Service

Period 6 - September 2017

Note Year to Date Year to Date Variance Annual Variance Actual Budget Budget £ £ £ £ %

Community & Wellbeing

100 Community & Wellbeing HQ 116,018 94,500 21,518 200,300 22.8 110 Environmental Health 733,565 704,600 28,965 1,489,000 4.1 120 Community and Culture 832,334 960,550 (128,216) 1,759,100 13.3 130 Leisure and Amenities 2,229,694 2,478,600 (248,906) 5,036,500 10.0

Totals 3,911,610 4,238,250 (326,640) 8,484,900 7.7

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BUDGETARY CONTROL REPORT By Income and Expenditure

Period 6 - September 2017

Expenditure Income Note Actual Budget Variance Actual Budget Variance £ £ £

Community & Wellbeing

100 Community & Wellbeing HQ 116,018 94,500 21,518 - - - 110 Environmental Health 990,361 987,200 3,161 (256,796) (282,600) 25,804 120 Community and Culture 1,136,343 1,273,950 (137,607) (304,009) (313,400) 9,391 130 Leisure and Amenities 3,484,474 3,785,700 (301,226) (1,254,780) (1,307,100) 52,320

Totals 5,727,195 6,141,350 (414,155) (1,815,585) (1,903,100) 87,515

RECOMMENDED that the report be noted.

In response to a query from Alderman Irvine, the Head of Environmental Health, Protection and Development advised that it was hoped to have an indication from the DfC of the level of allocation in the near future, and to bring a report back to the Committee as soon as possible.

AGREED TO RECOMMEND, on the proposal of Councillor Cooper, seconded by Councillor Edmund, that the recommendation be adopted.

5. NAME/BRAND FOR THE REPLACEMENT ARDS LEISURE CENTRE (FILE: CCLCB17) (Appendix I)

PREVIOUSLY CIRCULATED: - Report dated 26 September 2017 from the Director of Community and Wellbeing stating that the replacement Ards Leisure Centre would, like Aurora Aquatic and Leisure Complex, be a flagship leisure facility for the Ards and North Down area. To assist with marketing and promotion, McCadden design had been appointed, following a procurement process, to develop a name and brand for the new facility. The process for determining a name and brand had begun in March 2017.

To inform that process workshops had been undertaken with a number of key stakeholders as outlined below:

Council staff: 10 March 2017 Leisure centre user groups: 13 March 2017 Elected members: 15 March 2017 Leisure staff: 16 March 2017

At the workshops, feedback had been gathered on:

. the values people most associated and prized about the existing centre . views on words that would best represent what the new centre would offer . any ideas for names for the new centre.

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That feedback had been compiled and reviewed, along with research on how other major leisure facilities were branded, and a long list of possible names had been produced, including a number suggested in workshop feedback.

Following some market testing, those had been refined to a potential list of eleven names; and following consultation with the management team in Leisure and officers in Corporate Communications, four options had been developed with some basic design concepts for presentation to elected members at a second member workshop (see appendix).

A second elected members workshop had taken place on 9 August 2017. At that workshop, there had been broad agreement that:

. a complimentary structure to the brand style used for Bangor Aurora Aquatic and Leisure Complex would be beneficial to reinforce the ‘flagship’ nature of both facilities and the fact that they were both part of the Council’s leisure provision . it was critical to have Ards in the name to locate the facility clearly for users . the descriptor 'Wellbeing and Leisure Complex' had been considered appropriate to communicate the extended offering in the new centre . to help raise the profile of the centre and assist with marketing to a wide audience a one-word name (like Aurora) was needed.

Members had expressed a desire to have more time to consider the proposals and the opportunity to suggest other ‘names’. Initially, two responses from members had been received and were summarised in the attachment.

The management team in Leisure and officers in Corporate Communications had met again to review that initial member feedback and consolidate all information gathered to date and to determine a recommended way forward.

At that stage, the process to date including feedback from the second members workshop, there seemed to be a consensus that from all the names to date discussed, ‘Apollo’ had been the forerunner in terms of a name that offered the best marketing potential for the facility. Leisure officers were also content that name could, with appropriate marketing support and time, become a brand name for the centre that would help to communicate its agreed core values.

Again, taking on board Member feedback, two brand identities had been further developed for consideration as a result of them being identified as the most popular options presented at the Member workshop (see attachment). Both would work across a range of marketing collateral.

Two new names had then been put forward by two elected members and one final workshop had been held on 23 October with members to discuss the options for Apollo, and those two new suggestions i.e. Blaire Mayne Leisure Centre and Dairy Hall Leisure Centre.

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Taking on board the discussion reached in the workshop in August where there had been agreement on using the word Ards and strapline ‘Wellbeing and Leisure Complex’, and on the advice of the Council’s branding consultant those names had been presented to the workshop attendees as follows.

1. Ards Mayne, Wellbeing and Leisure Complex and 2. Dairyhall, Ards Wellbeing and Leisure Complex.

Associated graphics had been developed to show how those may appear on signage and merchandise etc. (see attachment, slide number 28 to 41).

At the workshop which had been attended by 11 members, comments made could be summarised as follows.

 Blair Mayne was a fine intent but it did not provide for the best name for marketing purposes - would not be a fitting tribute to Blaire Mayne as a military hero which he was known primarily for.  Wellbeing had been agreed at a previous workshop as an important component of the brand (multiple similar comments had been made)  Blair Mayne did not emphasise the leisure offering enough  The Letter A used with Apollo worked well  The centre name should communicate more about wellbeing rather than the sporting exploits associated with Blair Mayne  Dairy Hall was a name that would be known to people in the area but may be limiting  Apollo was beginning to ‘bed in’ and would grow on people (multiple similar comments had been made) - it suggested something big which was important  People outside Ards would not understand the name Dairy Hall  The Council logo would be incorporated, but would not be sufficient on its own – it was not just a local government building  Apollo brand relationship with the Aurora Brand was important as both were valuable to the Council  In response to a comment that Serco had influenced the Apollo name, it had been confirmed that it was not involved in the process.  Two members had supported the use of Blair Mayne as part of the name  One member who was passionate about the Blair Mayne legacy had declared it may not be well known outside Ards - the centre provided an opportunity for the future and an attraction for those outside the Borough so the name would not be the best choice.  There was a need to move beyond parochial ideas - of the names presented, Apollo had been the best  It had been confirmed that the leisure management staff preferred Apollo.

Timing

As the new centre was due to be completed by November 2018, it was important that a decision be taken on its name and brand before Christmas. That was to allow the contractors to begin to incorporate it in colour schemes and other aspects of the

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RECOMMENDED:-

Recommendation A It was recommended that the Council’s new leisure facility in Newtownards be named ‘Ards Apollo Wellbeing and Leisure Complex’.

Recommendation B It was recommended that

1. the brand logo Option A (pages 1 to 7 of appendix) be used for the facility in a variety of ways as shown by the examples depicted.

OR

2. that the brand logo Option B (pages 8 to 15 of appendix) be used for the facility in a variety of ways as shown by the examples depicted.

The Director of Community and Wellbeing introduced Mr Richard McCullough from McCadden Design and invited him to make his branding presentation.

Mr McCullough took Members through a PowerPoint Presentation as detailed in the appendix to this report.

The Director of Community and Wellbeing advised that extensive consultation had been undertaken from March 2017 and had included three Members’ workshops held on 15 March 2017, 9 August 2017 and 23 October 2017. He noted that the recommendation was based on what had been picked up at those workshops in addition to discussions with McCadden and Leisure Staff during the 8-10 workshops or meetings.

Continuing he advised that the recommendation had been equality screened and screened out. He noted a correction to the cover report, that ‘Section 75 compliance’ should have read ‘yes’. Therefore, if the recommendation was adopted, they could begin to incorporate the logo etc. in the building fabric finishes and use the name in marketing from January 2018 onwards.

The advice from the equality officer was that other names may require an Equality Impact Assessment. That did not mean they would not comply but that they had to have a more detailed assessment rather than officer screening for equality compliance.

If that was the case, it could increase the timescale by a further three months. That may impact on the building programme, unless they pressed on with work and used basic colours and finishing designs that did not relate to the logo. It may also impact on the time available to market the facility. It was hoped to have ten months starting in January 2018, however if the EIA was needed, that could likely reduce to six

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(Councillor Woods left the meeting at this stage – 7.50pm)

The Director stressed that Officers recognised and respected that it was ultimately a decision for the Council and would work with whatever decision was reached.

(Councillor Woods returned to the meeting at this stage – 7.51pm)

At this stage in the meeting, Councillor Douglas proposed, seconded by Councillor Muir, that the recommendation be adopted.

Councillor Douglas stated that extensive consultation had been carried out and that the recommendation was fairly consistent with the existing branding across the Council. She noted that the design and logo was bright, attractive and modern.

Echoing those comments, Councillor Muir stated that the Council had engaged with experts who had come back with a good brand name and design.

At this stage in the meeting, Councillor Menagh proposed an amendment, seconded by Councillor Adair, that the new leisure centre be named Ards Blair Mayne Leisure Complex.

Councillor Menagh spoke to his amendment stating that the name, Blair Mayne, was known to many and especially those with an interest in local history. He stated that when Blair Mayne had attended Regent House School it had become evident that he had a talent for rugby; he had played for his school and Ards Rugby Club when he was sixteen. He was also keen on cricket, which he also played at school during the summer. He had been awarded his Marksman’s Badge by Newtownards Shooting Club when he was sixteen, no doubt a talent which he used in his later life.

Continuing, he advised that when Blair Mayne had left Regent House School he had gone on to Queen’s University where he had taken up boxing. He became Irish Universities Champion in 1936 and then went on to the British Championship finals in England, narrowly losing out on a points decision. During that time, he won the Scrabo Gold Club President’s Cup with a handicap of eight. Golf was also a favourite of Mayne’s – he played at Scrabo and Bangor on a regular basis and after the war he became Captain of Kirkistown Golf Club.

(Councillor Thompson entered the meeting at this stage – 7.55pm)

Councillor Menagh further advised that Blair Mayne’s favourite sport to engage in was Rugby Union. Having played for Ulster at Inter-Provincial level he got his first international cap in 1937 against Wales. After playing five more times for Ireland he had been called up to the British Lions Squad for the 1938 tour of South Africa. The South African newspapers were full of comments on Mayne’s outstanding prowess. He had played in seventeen of the twenty provincial matches and the press had reported that he had been outstanding in all thirteen tests against the South African first fifteen.

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He further stated that on returning from South Africa, Blair Mayne had moved from Ards R.F.C. to Malone R.F.C. and had played at Malone with distinction until the outbreak of the Second World War. He had also played a further three games for Ireland during 1939. Whilst on that Lion’s Tour of 1938, it was without doubt that the legend of ‘Paddy Mayne’ was born and he then took that spirit and prowess to the ultimate defence of his country in the dark days that followed – the war cut short what might have been.

In concluding, Councillor Menagh believed the new facility should be named after a human being they were proud of, rather than a foreign mythical god.

Rising in support, Councillor Adair stated that Blair Mayne was one of the most famous sons of Newtownards. He believed the name would be a very popular choice with local people. He noted that Blair Mayne was a war veteran and also a gifted sportsman and as such, naming the leisure centre after him would be a fitting tribute. He added that his military history was commemorated by the statue in Conway Square, Newtownards and now his sporting history should also be celebrated.

Also rising in support, Councillor Chambers stated he was not keen on the name ‘Apollo’. He was supportive of Ards Mayne because of the historical links to the town and also the opportunity to play on words appealed to him.

Concurring with previous comments, Councillor Cooper stated that Blair Mayne was not just a highly decorated soldier but his sporting exploits deserved recognition. He was a fantastic sportsman, playing a variety of sports, and he excelled in all he did in the sporting arena. He also had an ancestral history of sporting achievement and he should be given the recognition he deserved whilst also leaving a legacy for future generations. He did not believe a double barrel name was an impediment as other facilities had used them such as George Best City Airport and Liverpool John Lennon Airport.

Alderman Smith rose in support and commented that her first thought about ‘Apollo’ had been Apollo 13 which had crashed. She was also not keen on the associated artwork. She gave examples of other double barrel names such as Regent House and Cross and Blackwell and reiterated her support for the amendment.

Councillor Edmund supported the amendment and advised that Blair Mayne was the highest decorated officer of World War 2 not to receive the Victoria Cross. He noted he had been a brave man and a man of many talents, who also enjoyed poetry.

Rising in support, Councillor Martin stated that he understood the drive in advance to have the name and logo agreed, however he believed that embedding something locally significant and relevant to what was being done was important. He noted that other amendments could be made, for example to the strapline. He further stated that Councillor Cooper’s input on legacy had been an interesting point and that there was a story there to tell, including that he had served his country with military distinction.

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Councillor Smart supported the amendment and believed they had an opportunity to leave a fantastic legacy and should be mindful that someone from the Borough who was not only highly commended in WW2 but also someone engrained in sport and local sport was a fantastic legacy to leave and they had the opportunity and the apt time to do that.

Councillor Menagh requested a recorded vote.

On the amendment being put to the meeting, with 12 voting FOR, 4 voting AGAINST, 1 ABSTENTION and 1 ABSENT, the motion was declared CARRIED.

The vote resulted as follows:

FOR (12) AGAINST (4) ABSTAINING (1) ABSENT (1) Aldermen Councillors Councillor Councillor Irvine Boyle Brooks Kennedy Smith Douglas Councillors McAlpine Adair Muir Chambers Cooper Dunne Edmund Martin Menagh Smart Thompson Woods

The Director clarified that the substantive motion was that the Council’s new leisure facility in Newtownards would be named ‘Ards Blair Mayne Leisure Complex’ and that in light of that decision, Recommendation B no longer applied.

AGREED TO RECOMMEND, on the proposal of Councillor Menagh, seconded by Councillor Adair, that Council’s new leisure facility in Newtownards be named ‘Ards Blair Mayne Leisure Complex.’

6. COMMUNITY DEVELOPMENT EVALUATION 2016/2017 (FILE: CDV 25) (Appendix II)

PREVIOUSLY CIRCULATED: - Report dated 1 November 2017 from the Director of Community and Wellbeing stating that the attached report was a detailed evaluation of the Community Development Implementation Plan 2016/17.

The first 10 pages outlined the background of the Implementation Plan. The complexities on developing the agreed Service Implementation Plan should not be under-estimated. Merging differing Community Development models from legacy councils and public consultation had certainly been a challenge.

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Page’s 10 to 16 provided a narrative for the key actions indicated in the appendix. 2016/17 had allowed the Community Development Service Unit to deliver the plan which enabled experiential learning which in turn informed future improvements. Those improvements were also suggested throughout each work area within the report.

As the report had highlighted, many of the key actions had been successfully met. However, the report also explained the difficulties experienced in both the key actions met and those that were not.

RECOMMENDED that the Council:-

1. Continued with an internal review of grants, community activity programmes, community support, SLA’s with the networks and CAAND, in line with the further improvements suggested in the Evaluation Report

2. Developed a new model of collaborative working to ensure identified community needs were tackled efficiently across all three sectors to ensure timely outcomes

3. Through engagement with stakeholders, agreed targets to ensure quality as well as quantity in service delivery

4. Developed an annual communication plan to compliment and promote all aspects of the CDSU and the Council’s partners in the community

Councillor Douglas proposed, seconded by Councillor Woods, that the matter be deferred for one month to allow consultation with community networks to be undertaken.

AGREED TO RECOMMEND, on the proposal of Councillor Douglas, seconded by Councillor Woods, that the matter be deferred for one month to allow consultation with community networks to be undertaken.

7. ARTS PROJECT GRANTS 2017-2018 (FILE: ART05/R4 2017)

PREVIOUSLY CIRCULATED: - Report dated 30 October 2017 from the Director of Community and Wellbeing stating that the third round of Arts Projects Grants for 2017-2018 had opened for application on 9 September 2017 with a deadline of 28 September 2017.

Due to an internal administrative error, an application from Kilcooley Women’s Centre, which had been submitted via email, had not been processed and presented to the assessment panel when it had met on 29 September 2017. That application had been assessed on Monday, 9 October 2017 by two members of the Arts and Heritage Advisory Panel, Councilor Noelle Robinson and artist Lee Boyd.

The panel had been facilitated by: Amy McKelvey, Community Arts Development Officer

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The application from Kilcooley Women’s Centre had been for a project called ASILOW – Addressing Social Isolation and Loneliness in Older Women. The application had requested funding of £1,000 to support a series of sewing and wool crafting workshops. The application had been successful.

RECOMMENDED that the Council approves the successful application as the current available budget was £4,405. Another round of funding would be opened on 1 November 2017 with a closing date of 22 November 2017 to allocate the remaining budget of £3,405.

AGREED TO RECOMMEND, on the proposal of Alderman Irvine, seconded by Councillor Martin, that the recommendation be adopted.

8. YOUR HEALTH MATTERS – THE ANNUAL REPORT OF THE CHIEF MEDICAL OFFICER FOR NORTHERN IRELAND 2016/2017 (FILE: CW48)

PREVIOUSLY CIRCULATED: - Report dated 31 October 2017 from the Director of Community and Wellbeing stating that the Chief Medical Officer (CMO) for Northern Ireland, Dr Michael McBride, had produced his latest annual report.

It was interesting to note the contribution of the Council in general and the Environmental Health Protection and Development team in particular in securing the health of the population.

One of the key messages was a “One Health” approach to tackling antibiotic resistance and a large section was devoted to explaining the need to reducing unnecessary and inappropriate antibiotic usage; the need to maintain good hygiene standards, particularly thorough handwashing; and, of particular interest to Environmental Health, related advice regarding safe and hygienic handing of food.

Other items of particular relevance and interest included the “Breast is Best” feature. The Council supported breast feeding in all facilities and would also actively encourage other businesses to do the same (a key action in the Big Plan). The Environmental Health Protection and Development team enforced food standards and provided guidance to consumers on reading product labels, thereby helping them make informed choices when dealing with issues such as preventing tooth decay in children and cutting sugar consumption. Work was also undertaken with manufacturers and caterers in relation to product development and labelling as part of the obesity strategy and work on healthy eating in health care settings was likely to be rolled out to other sectors in due course.

There had also been much discussion about the merits of vaping as a method of helping smokers quit. Whilst there were still some reservations about the use of those products as a quit aid, there was undoubtedly much concern around preventing the access of those nicotine containing products to children. The Council had recently supported a call to ensure age restriction on their sale to under 18s as part of a Department of Health consultation process. Home Safety advice to ensure that the e-cigarettes and refills were kept out of reach of children as well as product 16

CW 15.11.17PM safety information would also be part of the work of the service and the relevant teams’ work together to ensure clear, consistent messages were delivered.

The Environmental Health, Protection and Development team monitored the quality of the air in the Borough, particularly along the commuter roads towards Belfast and in relation to smoke control areas in Holywood to help maintain air quality in the area and inform government policy in relation to air quality. The Council supplied air quality data to the “Air Aware” service which warned asthma and heart disease sufferers of poor air quality episodes allowing them to take precautions to protect themselves. Additional information on the role of Councils could be found at http://www.airqualityni.co.uk.

Mental Health was becoming increasingly significant in the work of the Health and Wellbeing team and the CMOs report emphasised the need to reduce the levels of stigma, discrimination and negative attitudes towards people who experienced mental illness. There had been steps taken both internally (through the employee health and wellbeing group) and externally, through Samaritan’s partnership, Mind, Body and Business project and World Mental Health day events to continue to raise awareness of mental health and suicide prevention.

A final point of interest related to another home safety matter – blind cord safety. The video produced by PHA in association with local Councils https://www.nidirect.gov.uk/articles/blind-cord-safety had received almost 5 million views on social media globally. It was noted that a similar video in relation to Burns and Scalds had just been launched www.nidirect.gov.uk/burns-safety-advice and it was hoped that this would have similar success in preventing home accidents.

RECOMMENDED that the Committee notes the contents of the Chief Medical Officer’s annual report.

Welcoming the report, Councillor Cooper expressed his concerns that Northern Ireland was the highest user of antibiotics in the UK. He remarked on the health promotion strategies introduced to improve men’s health. Furthermore, he expressed his gratitude to the Council for its support of him and Alderman Henry in their role as Mental Health Champions; the support had been 100% by all across the political spectrum.

AGREED TO RECOMMEND, on the proposal of Councillor Cooper, seconded by Councillor Thompson, that the recommendation be adopted.

9. REVIEW OF THE PROVISION OF DEFIBRILLATORS – UPDATE (FILE: CW108)

PREVIOUSLY CIRCULATED: - Report dated 31 October 2017 from the Director of Community and Wellbeing and attaching the Community Resuscitation Strategy NI, providing an update on the above.

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Background

The following Notice of Motion had been brought by Councillor Robinson and agreed by the Council at its meeting in June 2017:-

‘That this council agrees to support the on-going review of the provision Defibrillators across its estate and that following this review officers bring back proposals on remedying any gaps that may be identified in relation to provision and training in their deployment. Furthermore, by bringing together local campaign groups, charities and other key stakeholders, to consider as part of the aforementioned proposals, actions that will ensure that our borough provides adequate numbers of Publicly Accessed Defibrillators in our town centres, shopping centres and highly populated workplaces, plus other areas of high public footfall.’

The Risk Management (RM) section of the Council had produced a (draft) report on the audit undertaken throughout the Council in February 2017 of all defibrillators under Council control. That had determined the number and location of defibrillators held at Council premises; details of those staff members who would have had the responsibility for the defibrillator(s), what checks were carried out and by whom, if written inspection records were kept and if any of the defibrillators were registered with the Northern Ireland Ambulance Service (NIAS). The RM officers had also considered defibrillators that had been supplied or grants given for the purchase of defibrillators, to any groups (sports, community or other groups) and tried to identify if there was a list of the organisations who had been supplied with a defibrillator and what had been the considerations or criteria, if any, which had supported the provision of those defibrillators to Council premises or to third party groups or organisations.

The Community Resuscitation Strategy 2014 had recognised that fewer than 10% of people in Northern Ireland who suffered an out-of-hospital cardiac arrest survived to be discharged from hospital. Its Vision therefore had been to increase survival for those who suffered an out-of-hospital cardiac arrest, to the highest level that could be achieved across Northern Ireland.

The Strategy partners would seek to realise the Vision by pursuing the following Objectives:

1. Raise public awareness of the importance of early recognition of an out-of hospital cardiac arrest, and the importance of early intervention; 2. Encourage members of the public to intervene in the event of an out-of hospital cardiac arrest; 3. Increase the availability of, and access to, appropriate and effective CPR training provision across Northern Ireland; 4. Achieve high uptake of CPR training; 5. Make the most efficient use of the resources available to support community resuscitation training 6. Improve the availability of, and access to, the automated external defibrillators that were in place across Northern Ireland, and 7. Enhance the capacity of information systems to capture and provide key data on out-of-hospital cardiac arrest and patient outcomes.

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Update

In taking forward that proposal, it had been determined that the Northern Ireland Ambulance service (NIAS) had to be involved from the outset but owing to changes in personnel (a new medical director had taken up post) and the challenges on the Service, it had proved difficult over the summer months to progress. There had been a willingness to engage but a lack of resources, namely staff, had been a major hindrance. In October 2017, a new Community Resuscitation Lead (CRL) had been appointed for the area and that role would be key in driving the Community Resuscitation Strategy forward at local level.

Initial conversations with the post holder had been encouraging, with recognition given to the need to have a much more joined up approach to the work in that area so that Automated External Defibrillators (AEDs) could be mapped, registered with NIAS and maintained appropriately. That would involve engagement with the Council, Sport NI (who had provided around 70 AEDs to a wide variety of clubs in the area), First Responders, community groups, local charities, businesses and other key stakeholders. To that end, the CRL had been invited to the Community Planning Thematic Delivery Group to include the Vision of the Strategy as an action in the Big Plan, with the NIAS as the lead partner to take that forward.

Another meeting with CRL had been scheduled for the end of November 2017 and it was anticipated that plans would be put in place to form an Ards and North Down Community Resuscitation Group (AND CRG) to take forward the work on AEDs but also consider Training and Awareness Raising as two more essential work areas for the group. That would upskill local residents and businesses and contribute to improving survival rates. The Council would have a key role in facilitating the group and utilising the existing networks to identify interested stakeholders. The Council could lead by example through implementing the actions identified by the AND CRG as best practice, and introduce that standard as a requirement when supporting funding applications from groups in the Borough.

In the interim, the CRL had agreed to produce guidance on AEDs (registration and maintenance) that could be circulated to existing, known providers and also advice on selection and siting etc. that could be used to inform fund raisers/future partners. In terms of mapping the defibrillators, data protection issues meant that not all information could be shared at present, but by actively encouraging registration with NIAS, the lead organisation would have access to that information and therefore could direct a community response in the event of an emergency. They could also consider applications to site additional AEDs in the area on the basis of need and thus help to ensure a more equitable provision across the Borough.

Whilst co-ordination was still at an early stage, the early indications were encouraging and once embedded in the community planning process, it was anticipated that significant progress would be made in the coming months.

RECOMMENDED that the Council supports the formation of a Community Resuscitation Group or similar, as determined by the Community Planning process,

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Welcoming the report, Councillor Chambers stated it was encouraging to see progress being made, however he stressed that the public had to be made more aware of those business premises that had a defibrillator. He noted what a tragedy it would be if someone suffered a fatal heart attack because no-one knew that a nearby shop had a defibrillator.

Councillor Douglas sought clarity on the data protection issues.

In response, the Head of Environmental Health, Protection and Development commented that it would be good if they could commence the mapping process, which required certain data to be included, however there were still data protection matters to be addressed and that work would be done by the proposed Community Resuscitation Group.

Councillor Menagh advised that he had recently attended a course at Aurora in the operation of defibrillators. He noted that they were easy to operate as the machine talked the user through each step.

AGREED TO RECOMMEND, on the proposal of Alderman Smith, seconded by Councillor Smart, that the recommendation be adopted.

10. ARDS AND NORTH DOWN SPORTS FORUM (FILE: SD109) (Appendix III)

PREVIOUSLY CIRCULATED: - Report dated 20 October 2017 from the Director of Community and Wellbeing stating that on 26 August 2015 the Council had delegated authority to the Ards and North Down Sports Forum Borough, in order to allow it to administer sports grants funding on behalf of the Council. £25,000 had been allocated within the 2017/2018 revenue budget for that purpose.

The Council had further authorised the Forum under delegated powers to award grants of up to £250. Grants above £250 still required Council approval. In addition, the Council had requested that regular updates were reported to members.

During October 2017, the Forum had received a total of 15 grant applications; 9 of which had been for Travel and Accommodation, 2 had been for Equipment, 1 for Events and 3 Gold Card Applications.

A total of 2 of the applications had failed to meet the specified criteria. The reasons for the unsuccessful applications were detailed in the appendix.

For information, the annual budget and spend to date on grant categories was as follows:

September 2017 Annual Budget Funding Awarded Remaining October 2017 Budget Travel and Accommodation* 13,000.00 790 4274.52

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Coaching 3,000.00 0 2876.25 Equipment * 3,500.00 554.97 1,615.05 Events 4,000.00 750 1505.49 Seeding 500.00 0 500.00 Anniversary 1,000.00 0 1,000.00 Gold Cards Issued during the period October 2017 was 2

* The proposed remaining budget for Travel and Accommodation of £4274.52 was based on a proposed award of £790 with reclaimed costs of £13.94 and withdrawn costs of £50 in that period. The proposed remaining budget for Equipment of £1,615.05 was based on a proposed award of £554.97 with reclaimed costs of £621.25 in that period. The proposed remaining budget for Coaching of £2876.25 was based on reclaimed costs of £300.00 in that period. The proposed remaining budget for Events of £1505.49 was based on a proposed award of £750 with withdrawn costs of £250 in that period.

RECOMMENDED that the Council approves the attached applications for financial assistance for sporting purposes valued at above £250, and that the applications approved by the forum (valued at below £250) be noted.

AGREED TO RECOMMEND, on the proposal of Councillor Menagh, seconded by Councillor Thompson, that the recommendation be adopted.

11. SPORTS DEVELOPMENT CAPITAL GRANTS (FILE: SD108) (Appendix IV)

PREVIOUSLY CIRCULATED: - Report dated 18 October 2017 from the Director of Community and Wellbeing stating that the Sports Development Capital Scheme was available for sports clubs within the Borough. The Council had set aside £50,000 for 2017/2018 financial year and could award up to 50% of eligible capital costs with a maximum award of £5,000 in respect of any one project. Capital expenditure was defined as ‘expenditure for technical assistance and/or purchase, improvement, restoration and construction of an asset related to the applicant organisation’.

The Sports Development Capital Grants Scheme was delivered in two tranches within any one financial year. Tranche one had been open from Monday 3 April 2017 to Friday 5 May 2017 and the second tranche had been open from Monday 7 August 2017 to Friday 8 September 2017. Each tranche had an allocated budget of £25,000 however if there was an underspend within tranche one, funds were able to roll into tranche two allowing for the possibility of considering awarding grants of over £5,000 (without exceeding the 50% maximum stipulation). Therefore, with a total funding of £12,770 in Tranche one the total budget available in Tranche two was £37,230.

All of the unsuccessful clubs from tranche one had received detailed feedback from the Sports Development Officer. The Council had received 9 applications in tranche two requesting a total of £46,518.96 and was proposing to award £30,866.55.

An initial screening of the applications had been carried out by the Sports Development Officer. Applicants who had met the essential criteria had then been assessed against the following criteria:

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1. Demonstrate the benefits to the club/organisation and the local community. 2. Demonstrate anticipated outcomes of the project. 3. Increase participation numbers within the club. 4. Targeting priority groups (women, disability, over 50’s and socially disadvantaged areas/groups). 5. Improving and sustaining activities within the club. 6. Improving the health and wellbeing of individuals/ communities.

Applicants had been required to demonstrate how their projects had met at least three of the criteria listed above. Applications had been assessed by the Sports Development officer, and the Leisure Services Manager.

RECOMMENDED that the Council approves the recommendations of the assessment panel.

AGREED TO RECOMMEND, on the proposal of Councillor Boyle, seconded by Councillor Douglas, that the recommendation be adopted.

12. WARD PARK REDEVELOPMENT (FILE: PCA 27)

PREVIOUSLY CIRCULATED: - Report dated 27 October 2017 from the Director of Community and Wellbeing providing an update on the Ward Park Redevelopment.

Background

A report from the Director of Community and Wellbeing dated 1 June 2017 had been presented at the Community and Wellbeing Committee, stating that on-going proposals were being considered regarding the project for the redevelopment of Ward Park. In the update, reference had been made to the current proposals for the initial environmental improvement scheme, based around the pond system, which were currently with planning.

Members had also been advised that an opportunity had arisen to extend the project by developing a Heritage Lottery Fund (Parks for People) grant application which could potentially incorporate the development of the entire site to include pavilions, sports facilities, recreation areas and the entire path network. It was considered that that would bring significant benefits in particular to the many diverse users of Ward Park. The HLF provided grants from £100,000 up to £5 million to revitalise historic public parks and the bid for Ward Park would be at the top end of that limit.

It had been recommended and agreed that the Council appointed an appropriate consultant to take the project from funding stage to delivery stage with the inclusion of break clauses at each stage of the process.

Current status

Further consideration had been undertaken alongside advice sought from the Heritage Lottery Fund. (HLF).

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Applications where the main focus was the construction of a new building or structure, a car park, a sport or play facility; a new park, or a major redesign of an existing park were unlikely to win support.

The HLF priority for that programme was to conserve the existing heritage of a designed park. The heritage of a park included many different things from the past that were of value and significant enough to pass on to future generations. The HLF would expect the Council to have thought about the full breadth of heritage in the application.

For example:

 the landscape design layout;  surviving or lost historic features or buildings;  natural heritage including priority habitats and species;  archaeological sites,  earthworks or features from an earlier phase of design;  collections of plants, trees, objects or documents;  cultural traditions such as stories, festivals, fairs and crafts; people’s memories and experiences of the park; and  the history associated with individual features such as memorials or veteran trees.

The HLF expected projects to take a ‘master plan’ approach. That was a method of considering the needs and opportunities within the park in a holistic way, encompassing the full range of natural, cultural and built heritage. The Council would clearly have to explain how the project fit within that strategy, setting out a clear vision for the future.

The Council would also have to show that the local community valued the park as part of its heritage, and that it was already actively involved in its management through, for example, a user group, a ‘Friends Group’ or other community group. The HLF expected the Council to consult local people about the plans and include opportunities for active participation across all sections of the community.

The HLF expected applications to have considered how they would achieve strong outcomes for nature, both within the project and as part of a network of green spaces, often described as an area’s ‘green infrastructure’. That element had been the significant focus of the phase I scheme which was now at planning and the same environmental credentials could be utilised in many other aspects of the larger scheme.

Where justified, the HLF could contribute to the costs of new building work, and/or the conservation and re-purposing of historic buildings. Ward Park had a legacy of outstanding landscape which included built heritage. The HLF expected any new capital work to be of a high architectural design quality, proportionate and sensitive to the historic integrity of the park.

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Above all, the HLFs aim was to support projects that made a lasting difference for heritage and people. It would expect the Council to develop a clear, achievable and costed plan for the improved management and maintenance of the park after Lottery funding had finished.

There would also be the requirement to apply for a Green Flag Award for the park in the year immediately after completion of the capital works. The Council had to then apply for and retain the Green Flag Award, with a high level pass mark, each year for a minimum of 7 years. That requirement was not seen as prescriptive as the Council had already a portfolio of Green Flag parks and had a history of retaining that accreditation.

The HLF bid had to include the following outcomes of the project.

Outcomes for heritage:

With HLF investment, heritage would be:  better managed  in better condition  better interpreted and explained  identified/recorded

Outcomes for people:

With HLF investment, people would have:  developed skills  learnt about heritage  volunteered time

Outcomes for communities:

With HLF investment:  the local area/community would be a better place to live, work or visit  negative environmental impacts would be reduced  more people and a wider range of people would have engaged with heritage.

Proposed way forward

The HLF had advised the Council that the most cohesive centred bids were likely to be authored by the Council itself, utilising external assistance rather than vice versa. With that in consideration it was deemed appropriate to undertake that process in tandem with a procurement process to engage an appropriate consultancy firm. Taking into account the above it was now timely to undertake the following tasks early in the project:

 Consult with park users and the local community on a ‘whole park’ level to add to the information gained from the previous engagement  To instigate a Friends of Group for Ward Park

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Consultation

In the initial Development Phase, the Council should run public consultation events and exhibitions with plenty of opportunity for people to have their say. That allowed the public to come and view the latest plans, give feedback and share their ideas. It was anticipated that those consultation events would take place early in the New Year.

Friends of Ward Park group

A Friends of Group (in that context) was a group of people who voluntarily worked to maintain, improve and often promote a green space. Those groups worked in collaboration with the Council to make a positive contribution to the park in some way.

Friends of Groups could:

 Work collaboratively with the Council to get things progressed on the site.  To work alongside the Council in volunteering to assist in some practical work to improve a site assisting staff to undertake certain tasks e.g. weeding, pruning, litter picking  To protect the heritage of a site  To engage other local people in the site e.g. inspire local school children about the site.

Other benefits to forming a Friends of group included:

 Increasing community cohesion – social aspect  Having a say in how a site was managed which increased civic pride  Keeping fit/getting fresh air  Increasing appreciation and respect for a site among the local community

That group could also act as a conduit for communication and consultation during the project works and could also be utilised to ensure community support and involvement and enable the Council to manage public expectation.

The aim would be to test the public appetitive for such a group to be formed during the consultation events.

As the project brief and consultation process were developed, further reports would be brought before members accordingly.

RECOMMENDED that the report be noted.

Councillor Douglas welcomed and thanked officers for the report.

Welcoming the report, Alderman Irvine supported the idea of a ‘Friends of Ward Park’ group, however he stressed the importance of including the Ward Park Residents’ Association in any consultation and keeping it informed of developments.

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He noted that Ward Park had been an iconic place in Bangor’s history and that it was still well used for events, including at Bangor Library.

Councillor Muir rose to reiterate the point about including the Residents’ Association and also other regular park users, such as Park Run, in the consultation process.

Councillor Martin purported that they had to have the buy-in and engagement of groups such as the Ward Park and District Association from the start of the process. He stressed the importance of ensuring the process was as open and inclusive as possible.

AGREED TO RECOMMEND, on the proposal of Councillor Douglas, seconded by Alderman Irvine, that the recommendation be adopted.

13. BANGOR CEMETERY TREES (FILE: PCA 49)

PREVIOUSLY CIRCULATED: - Report dated 30 October 2017 from the Director of Community and Wellbeing stating that an issue with trees adjacent to Bangor Cemetery, Newtownards Road, Bangor had been brought to the attention of Officers by property owners via Elected Members.

Upon investigation, the trees which were on private properties were of significant height and there had been a number of requests from the property owners for the Council to have them removed.

After some initial investigative work involving historical files it was believed that they had been planted on private properties by the Bangor Joint Burial Board in the early 1970s to presumably provide a screen to the cemetery. There were no records around areas of responsibility regarding ownership and maintenance and it was surmised that the trees had actually been gifted to the property owners with no responsibility for any future liability to the Council.

The issue had been referred, by legacy North Down Borough Council, for legal advice in 2009 to which Senior Counsel had held that the ‘Council do not own the trees and are neither empowered nor required by statute to interfere with them (save in public safety grounds).’

The Council had undertaken some height reduction work in 2014. That pertained to reducing the height of the trees from 21 meters to between 9 and 11 meters. It may be considered that met the “on safety grounds” test but it was doubtful if that approach would be taken today.

Given that the legal opinion had been provided to the legacy Council, the issue had been discussed with the Council’s current solicitor who advised that the previous advice was still appropriate and that the Council should not be taking any action in regard to the trees; ‘(save in public safety grounds).’

RECOMMENDED that the Council abides by the legal advice and continues to monitor the tress in regard to public safety but does not undertake any other maintenance work on this private property.

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Councillor Thompson proposed, seconded by Councillor Martin, that the recommendation be adopted.

Councillor Douglas did not support the recommendation as she had several concerns about the matter and she sought clarity on when the legal opinion had been provided to the Council. The Director advised that legal advice had been sought in 2009 and so in all likelihood the advice would have been provided around that time.

Councillor Douglas referred to correspondence dated 2014 that she had been given a copy of, and which she had previously forwarded to Council officers. She stated that it was a letter from legacy North Down Council to a resident agreeing to reduce the height of the trees in their property. She believed that this letter had set a precedent and that as such, the current recommendation went completely against the legal opinion previously given.

In response, the Head of Leisure and Amenities confirmed that he was happy to review any correspondence that would assist officers with the decision. He also confirmed that the decision had been based on current legal advice.

Councillor Douglas reiterated that she had already forwarded the letter to officers and she advised she was happy to do so again so that the matter could be given further consideration.

The Head of Leisure and Amenities appreciated that, however he stressed that, only on grounds of Health and Safety could the trees be cut back and as such the recommendation to the Council had been not to cut trees on other people’s property for any other reason.

Councillor Douglas noted that the trees had originally been planted by the Council on private property so that residents did not have to look at the adjoining graveyard.

Councillor Douglas then proposed, seconded by Councillor McAlpine, that the Council reconsiders the legal advice on the basis of the letter dated 2014. She stated it was vital for the legal advisors to see that correspondence.

In response, the Head of Leisure and Amenities advised that he was content to defer the matter for one month to allow for further consideration.

In light of that, Councillor Douglas withdrew her amendment and then proposed, seconded by Councillor McAlpine that the matter be deferred for one month to seek clarity on the legal advice.

Councillor Martin expressed confusion about the proposal, given that legal advice had already been sought and provided. He queried the basis on which the deferral had been requested and he noted that the amendment suggested that they did not accept the current legal advice and instead looked at other legal advice. He was unclear about the purpose of deferring the matter and queried the time constraints

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CW 15.11.17PM involved if a delay occurred. He expressed concern that the amendment had suggested they did not follow legal advice.

In response, the Head of Leisure and Amenities advised that a one-month delay would make no difference to the matter, particularly given the uncertainty about whether the correspondence from Councillor Douglas would be taken into consideration.

Councillor Boyle noted that they were seeking clarity on whether or not something had been given due consideration.

Councillor Muir highlighted that the matter should have been discussed ‘in committee’ as they were discussing legal matters. He stated that the update the following month should also be discussed ‘in committee.’

AGREED TO RECOMMEND, on the proposal of Councillor Douglas, seconded by Councillor McAlpine, that the matter be deferred for one month.

(Councillor McAlpine left the meeting at this stage – 8.31pm)

14. GARDEN SHOW IRELAND (FILE: PCA 51)

PREVIOUSLY CIRCULATED: - Report dated 27 October 2017 from the Director of Community and Wellbeing stating that Garden Show Ireland had been running for the previous number of years. The event, now held at Antrim Castle Gardens, provided an opportunity to showcase the local horticultural industry and was attended by over 30,000 visitors. A number of Councils, including the legacy Ards Borough Council, had been involved in the show over past years. The event would run from 4 to 6 May 2018.

It was proposed to develop a show garden project depicting the many facets of the Borough, incorporating the strong tourism and natural environment elements within the Borough. It was proposed to engage with colleagues from Tourism to maximize this opportunity.

The project would be developed by the Parks and Cemeteries section, using staff from across the service area.

Funding of the development and construction costs would be included in the Parks and Cemeteries budget 2018.

RECOMMENDED that the Council supports the development of a show garden for Garden Show Ireland 2018.

Welcoming the report, Councillor Boyle supported the inclusion of staff in this event to showcase what they could create.

Councillor Thompson also welcomed the recommendation and the engagement with colleagues from Tourism in developing the show garden.

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AGREED TO RECOMMEND, on the proposal of Councillor Boyle, seconded by Alderman Smith, that the recommendation be adopted.

15. COMBER GREENWAY ONE PATH INITIATIVE (FILE: CW5)

PREVIOUSLY CIRCULATED: - Report dated 17 October 2017 from the Director of Community and Wellbeing stating that, following initial discussions with Ards and North Down Borough Council, Belfast City Council and Lisburn and Castlereagh City Council, Sustrans had submitted a proposal to use the Comber Greenway as a pilot scheme for the One Path Initiative.

Background

The paper set out the current situation in relation to behaviour on shared use paths and in particular highlighted a recent increase in conflicts between different types of users. It outlined a proposed initiative to be delivered on the Comber Greenway, the ‘One Path’ initiative, to develop a long-lasting solution where the path could be enjoyed by all users. It included the relevance of the One Path Initiative to the Council Bye Laws along with a section about some recent research the Council had undertaken which supported the thinking behind the One Path Initiative. The ‘One Path’ model was appropriate for other shared paths across Northern Ireland; the problems would be largely the same and the outcomes of the programme would be the same and applicable to all shared paths. The One Path initiative would result in the promotion of positive actions and behaviour with consistent messaging for all user’s whichever path they used.

A proposed way forward the “One Path” Initiative

Sustrans wanted everyone to share the space and enjoy the path they were on. It was important to find a long-term solution which worked for all users and to avoid ‘knee jerk’ measures which impeded particular user groups in their enjoyment of the space.

Council Bye Laws

Each Council set Bye Laws relating to particular spaces within its authority, for example, open parks, open spaces, public walkways, and neighbourhood parks, all of which would commonly be enjoyed for various activities – for example walking, running, walking the dog, cycling. Whilst there may be some variations within those Bye Laws from Council to Council they were broadly the same and aimed to achieve the same outcomes. They considered a number of issues such as; drinking of alcohol, dog fouling and control, sport and games, use of play areas, access by vehicles, general management, protection of flora and fauna. As legal documents, the language used was formal. Generally, the headings within the documents highlighted the main themes of; ‘protection, management, preventing annoyance, public access and enforcement’.

Whilst necessary, from the general public’s perspective the Bye Laws to those who were aware of them they could appear authoritarian. The ‘One Path’ initiative aimed to create a positive culture with and amongst path users around the values of:

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Equality and inclusivity: shared routes are for everyone, equally

Awareness: all path users were responsible for being aware and respectful of others

Community: shared paths were community resources and should foster community spirit

The suggested key principles of the One Path Initiative were set out below and would underpin the Council bye laws using a more inclusive approach.

 Share  Respect  Enjoy  Protect  Look after  Encourage  Support

The one Path Initiative – Comber Greenway Programme

That particular 8-mile section had been chosen as it spanned and was owned by three Council areas and the Department for Regional Development – Transport NI, who all played a key role in its maintenance and management. It was an area of high usage (200 000 journeys estimated annually) and had a relatively even split between cyclist and walkers (54% cyclists 46% walkers)

The programme proposed working with path users, local communities and path owners and managers to develop a shared ‘ethos’ for behaviour on Greenway which would be relevant whichever section of the route people used. It was hoped it would result in a consistent and positive message which could be promoted by all agencies.

Three stages were proposed in the development of a ‘One Path’ ethos for the Comber Greenway:

1. An audit and analysis of issues 2. Development of a creative engagement programme 3. Promotion of the ‘One Path’ ethos

The cost of the One Path initiative was £20,570 and was subject to approval by all partners (Sustrans and three Councils) therefore the support requested from Ards and North Down Borough Council was £5,143.

RECOMMENDED that the Council approves Officers progress the One Path Initiative on the Comber Greenway in partnership with neighbouring Councils, DRD and Sustrans, and contributes 25% towards the cost of the scheme.

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Councillor Cooper believed this to be a worthwhile project that would open up the Borough and achieve buy-in from surrounding boroughs. He hoped the initiative would be further expanded in the future.

AGREED TO RECOMMEND, on the proposal of Councillor Cooper, seconded by Councillor Boyle, that the recommendation be adopted.

(Councillor McAlpine returned to the meeting at this stage – 8.33pm) (Councillor Dunne left the meeting at this stage – 8.33pm)

16. RURAL PARTNERS BASIC SERVICES PROGRAMME – REQUEST FOR 5% MATCH FUNDING – BALLYGOWAN COMMUNITY ASSOCIATION FEASIBILITY STUDY INTO A HEALTH HUB FOR BALLYGOWAN (FILE: CW71) (Appendix V)

PREVIOUSLY CIRCULATED: - Report dated 24 October 2017 from the Director of Community and Wellbeing stating that Ards and North Down Rural Partnership, Rural Development Basic Services Scheme had recently opened for full applications from applicants who had submitted an Expression of Interest form earlier that year. That funding would potentially support technical and capital investments which would provide access to basic services or improvements in social infrastructure which were an integral part of the Council Community Plan and its emerging priorities.

The Partnership would offer successful applicants a grant of up to 75% (max £5,000 towards technical applications and max of £200,000 towards capital applications) towards their project. The Council had agreed to support 5% of the remainder, with groups expected to contribute the final 20% by other means, with at least 5% coming directly from the applicant group.

The value of the Basic Services scheme was £897,750, which meant that once all the funding had been allocated, community projects to the value of £1,196,666.60 of eligible project costs would have been implemented in the Borough.

The Council had agreed to contribute a maximum of £59,833.33 across all successful projects. Interested groups who had submitted an Expression of Interest form would be advised by the Partnership if their project was eligible in principle or not to progress to the formal application stage. Those applicants whose projects had been deemed eligible in principle had been advised of the need to contact relevant Council Officers in order to seek confirmation of the Councils 5% financial contribution.

The Council had to decide on whether it supported the applicant’s proposed project and provide a letter of support for its 5% contribution, on a project by project basis. The final decision on whether or not to award the Basic Services grant rested with the Ards and North Down Rural Partnership, and the 5% letter of match funding support from the Council was one of the essential criteria for any award.

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The report related to a proposed feasibility study being commissioned by Ballygowan Community Association for a Health hub in the Village, to incorporate Health Trust Services such as a General Practitioner. The Group had initially expressed an interest in capital financing for the project, but following a meeting with the Rural Development Officer had changed that request to one for assistance with a feasibility study into its proposal. The expression of interest related to the capital finance application and was provided for information only.

The applicant had discussed the proposal with the Director of Community and Wellbeing. It was anticipated that the level of investment required from the Council would be 5% of £7,000 i.e. £350 towards that feasibility study. Note: these were indicative figures as the final procurement exercise had not yet been undertaken.

RECOMMENDED that the Council approves a contribution of 5% of the proposed feasibility study up to a maximum of £500 (to allow for change following procurement) on the condition that the project is deemed eligible and is successfully awarded grant aid by Ards and North Down Rural Partnership. The study must be delivered within the relevant timeframes and a copy of the feasibility study must be provided to Council Officers upon its completion.

Welcoming the report, Councillor Adair was pleased to see investment being made in Ballygowan as it had often been a forgotten town in that regard.

(Councillor Dunne returned to the meeting at this stage – 8.34pm)

Also rising in support, Councillor Edmund was delighted to see another initiative being taken forward on the Programme and was looking forward to seeing different projects being brought to fruition between the Rural Partnership and the Council.

AGREED TO RECOMMEND, on the proposal of Councillor Adair, seconded by Councillor Edmund, that the recommendation be adopted.

17. HYDROTHERAPY POOL AT REPLACEMENT ARDS LEISURE CENTRE (FILE: CW109)

PREVIOUSLY CIRCULATED: - Report dated 31 October 2017 from the Director of Community and Wellbeing stating that it was provided in response to a notice of motion agreed at the October 2017 Council meeting.

Fibromyalgia was a long-term (chronic) condition that could cause widespread pain and tenderness over much of the body. It was quite common – up to 1 person in every 25 may be affected. In the past, other terms had been used to describe the condition, including muscular rheumatism and fibrositis. The condition may even have been misdiagnosed as degenerative joint disease.

Fibromyalgia may also have been linked to inflammatory or degenerative arthritis. The symptoms were sometimes very similar.

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CW 15.11.17PM

Fibromyalgia in itself did not cause any lasting damage to the body's tissues. However, it was important that sufferers kept as active as possible in order to avoid weakening of the muscles (deconditioning) which could lead to secondary problems.

Hydrotherapy could help people with fibromyalgia feel less pain, build strength, and gain greater range of motion. Hydrotherapy referred to treatments that involved water in some way. It might have been as simple as applying hot or cold damp towels to painful body parts. Or it might have involved therapeutic exercise performed in a swimming pool, such as water yoga. Simply taking a warm, relaxing bath could be a form of hydrotherapy. Other names for hydrotherapy included water therapy, pool therapy, and aqua therapy.

Hydrotherapy that often involved stretching and exercising in a pool of heated water at between 32 and 36 degrees, could help relieve fibromyalgia symptoms and allow for the essential muscle exercise that would mitigate against deconditioning. The warm water allowed muscles to relax, so exercise and stretching could be performed with less pain. Studies showed that hydrotherapy worked moderately well for people with fibromyalgia, reducing pain in the short term and improving quality of life.

As part of the spa at the replacement Ards Leisure Centre, that function was already provided for through the vitality pool which was heated to 35 degrees, providing for comfort and relaxation. It also included features such as Jacuzzi and massage water jets. Therefore, no additional works should have been required to provide for that benefit.

If, however it had been considered necessary to replace the current pool (noting that was already built) with a redesigned specific ‘hydrotherapy’ pool, it was anticipated that costs would include:

Demolition of current pool: £10,000 Pool redesign: £10,000 New pool construction: £100,000 Consequential impacts: £20,000 Programme extension – contractor: £500,000+ Programme extension – IDT: £40,000 Programme extension – IMT: £20,000 Total estimated: £700,000+

The above figures were a very high-level estimate and based on turning that around in approximately 3 months, however it may well have taken longer and have greater financial impact. To seek more accurate figures through the design team and contractor would incur cost and risk shifting focus and delaying the current programme and so that was not considered appropriate unless otherwise instructed.

That delay did also not take into account loss of income due to a delayed opening – which would cause the Council to miss the critical January market for gym memberships, aiming more for Easter and any negative PR due to delay. It also would involve removing a feature that had been a result of extensive market research, design and internal/external engagement (with design signed off by the Council quite some time previously). Also, providing something for the benefit of one

33

CW 15.11.17PM group may have had a consequential negative impact on others or have led to accusations that the Council was not providing for those suffering from other ailments.

It was not considered a viable option to add a hydrotherapy pool in addition to the vitality pool within the current footprint as there was no suitable space for same. If the Council was to increase the footprint of the building, that would require a new planning application, add further detail and costs would be well in excess of the above.

It was also noted that at least two dedicated hydrotherapy pools already were in existence in the Borough (Clifton Special School and Phoenix Health Care Clinic), to which individuals could also be referred by medical practitioners or through personal enquiry.

RECOMMENDED that the Council did not alter the design of the replacement Ards Leisure Centre to provide a bespoke hydrotherapy pool, and encouraged instead the use of the already built vitality pool to sufferers of ailments for whom that could bring therapeutic benefits, including those suffering from fibromyalgia.

AGREED TO RECOMMEND, on the proposal of Councillor Boyle, seconded by Councillor Cooper, that the recommendation be adopted.

18. NOTICE OF MOTION

18.1 Notice of Motion Submitted by Councillor Woods and Councillor Barry

That this Council, recognises the key role that food banks and distribution centres play in helping those who are in food poverty, tasks officers to bring back a report on what options are available for us as a Council to further support food banks. Furthermore, it establishes a working group, coordinated by Council, but involving other statutory agencies, community and voluntary groups, to examine and causes of food poverty within our Borough with a view to producing a strategy to eliminate or substantially reduce food poverty.

Councillor Woods spoke to her motion stating that there was a general consensus that food poverty and indeed poverty in general, did not touch upon the Borough as much as elsewhere in Northern Ireland. However, food poverty was an urgent issue that affected a great number of people in Northern Ireland and indeed in North Down and Ards. In Q1 and Q2 2016, the Trussell Trust had reported that use of food banks had risen by 43% in NI.

According to Citizens Advice Ards and North Down, 244 emergency food vouchers had been issued by their offices in 2016. She also referred to the effects of the benefit cuts and the issues that organisations such as Citizen’s Advice had to deal with. Organisations that worked with people in need envisioned that the problem would only get worse when Universal Credit and the effects of the benefit changes set in in the Borough the following year.

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With respect to food poverty, Councillor Woods explained that there was no universal definition of food poverty agreed due to its complex nature. It was not just about hunger, but also about being appropriately nourished to attain and maintain health. It had financial, social and physical causes which led to a gap between available income and the actual cost of securing a nutritious diet. Paradoxically, obesity was more likely in individuals that were food insecure. According to the FSA, due to squeezed and reduced incomes, healthy and varied diets were unaffordable and cheaper foods that were palatable, energy dense and higher in fat and sugar, were purchased instead. A healthy and active lifestyle was a key aspect of the Council to promote, with a healthy diet a key part of that and through various strategies and plans, had a duty to promote and ensure that residents enjoyed good health and wellbeing.

There had been a sharp rise in food bank use in the UK since 2013, linked to the benefit changes introduced in England. Food banks had also encountered a significant number of people who were facing benefit sanctions for illogical reasons or due to administrative errors, and then had the decision overturned on appeal. During that time, they were left with no financial support and had to turn to the food bank for help. The introduction of Universal Credit in Northern Ireland that year and into 2018 would undoubtedly have an adverse effect such as that on people in the Borough going through the system change. By its very nature, Universal Credit had a six-week waiting period before applicants received any financial benefit from the start of the application. Six weeks was a long time without any cash flow, especially for those who were vulnerable, and it was a very long time to wait before there was money for food, heating, rent, clothing and electricity.

Councillor Woods believed the Council, as a public body, had a responsibility over its constituents which included dealing with issues that were far beyond the realms of its control in terms of changing and challenging the laws. What they could do was begin a collective effort from a number of different sectors and agencies such as the voluntary sector, the government and statutory bodies, businesses and the general public. She argued that beginning at Council level and bringing different and experienced voices to the table on that issue could help everyone to understand the nature of what they were dealing with, and once they understood that, they could try to identify the many ways in which they could help to fix it, as well as acting as a powerful lobbying group. It had been done before – a short life independent food poverty working group had been set up by the Scottish government in order to consider the issues and make recommendations on future actions, which had published a report in 2016 as well as occurring in Bristol in 2013.

Food banks and distribution centres could not solve the problem of food poverty, but they played a recognisably crucial and important role in helping those that were in need. For that, they should be thanked and further supported. She believed that a working group involving interested members of the Council, community officers, members of relevant organisations such as Citizens Advice, the Trust, the food banks and distribution centres and community organisations that were involved in supporting people in need could meet to discuss and research the issue at hand, highlight the problem areas and the needs of the area and collate data in order to understand it. The group could look for areas of funding in order to support the work of the foodbanks and distribution centres across the Borough and facilitate wider

35

CW 15.11.17PM conversation and collaborative working between those involved. The support for a group such as that was there.

Rising in support, Councillor Cooper commented on the timely motion, given the deputation made by Foodbank earlier in the meeting. He stated that the motion helped to answer the earlier question of how to integrate groups to deal with the food poverty crisis. He noted that increasing numbers of people seemed to be struggling and increasingly having to resort to food banks. Furthermore, in the absence of an Assembly it was necessary for others to take action. He was keen to be a member of the proposed working group and hoped that it could address all concerns and deliver the help that was so desperately needed.

Councillor Douglas expressed her anger about the information relayed to them by the deputation and Councillor Woods. She stressed that they had a moral responsibility to act. She referred to the austerity cuts and the impact of them on those in need and she encouraged Members to lobby their MPs to take action otherwise, she believed, the number of people relying on food hampers would substantially increase the following year. She stressed that some people were facing a choice of heat or eat and she was not prepared to stand for that anymore and as such she fully supported the motion.

Also rising in support, Councillor Adair concurred that food poverty was a reality in the Borough. He commented that it was Christians that were leading the way in tackling the needs of the people in the Borough. He expressed his thanks to those churches involved and for the work that they did.

At this stage in the meeting, the Chairman invited Councillor Barry as co-signer, to speak on the motion.

Councillor Barry stated that the motion should not be needed and in a well-ordered and fair society no one should have to use food banks. Furthermore, he stated that it was a moral outrage that in an affluent society like this, that they were needed. He applauded and commended all those who rolled up their sleeves when they saw need and set up and ran food banks, often informed by their religious faith.

Continuing, he stated that the motion had two parts - the first motivated and addressed issues of charity and meeting needs, the second looked at justice and the right to food. In calling on the Council to look at ways to support food banks it addressed the reality of food poverty and people going hungry which was how to get food to people in need. Here he expected the requested report to explore ways of getting food in retail outlets and supermarkets that would be thrown out or composted to feed people. A shocking BBC News report on Monday had documented the shameful waste of food in the UK while at the same time people were going hungry. The second half of the motion moved from the effects of food poverty to task the Council to coordinate with other organisations a local strategy to eliminate and reduce food poverty in the Borough. Food poverty was a complex issue but they were aware that welfare changes, austerity, joblessness, precariousness and zero hour contracts, educational attainment, mental health, family problems all were part of the mix. As such the Notice of Motion moved towards addressing the issues of the right to food.

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In concluding, Councillor Barry commented that by supporting the Motion, Members would be directing the Council to demonstrate leadership and show the community they were tackling a serious problem in society, in partnership with other organisations. Food was a basic human right, a precondition of the realisation of other rights and a basic level of human flourishing. He encouraged Members to support the Motion.

Councillor Smart was aware of the day to day reality of the numbers of people seeking food vouchers; the need was becoming greater, especially since the changes to the benefits system. There were many more cliff edges for people to negotiate, which was absolutely daunting for them. He supported the formation of a working group and what could be delivered going forward.

Rising in support, Alderman Irvine commented that welfare was a devolved issue and it was regretful that there was still no Assembly. He concurred that the benefit changes had made matters worse and it did not help that people had no one to discuss their issues with. He purported that in addition to forming a working group that jobs also had to be created and efforts made to engage those not currently involved in education, employment or training.

In summing up, Councillor Woods thanked members for their comments and support. She noted that a collective response was needed and that it could make a big difference.

AGREED TO RECOMMEND, on the proposal of Councillor Woods, seconded by Councillor Menagh, that the motion be adopted.

ADJOURNMENT OF MEETING

The meeting was adjourned at 8.55pm for a comfort break.

The meeting reconvened at 9.10pm.

EXCLUSION OF PUBLIC/PRESS

AGREED TO RECOMMEND, on the proposal of Councillor Adair, seconded by Councillor Dunne, that the public/press be excluded during the discussion of the undernoted items of confidential business.

19. 3G PITCHES (FILE: PCU 32 3G PITCHES) (Appendix VI)

***COMMERCIAL IN CONFIDENCE***

***NOT FOR PUBLICATION***

Schedule 6 – Information relating to the financial or business affairs of any particular person (including the Council holding that information).

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CW 15.11.17PM

20. UPDATE ON LEISURE AND VAT ISSUES (FILE: CW110)

***LEGAL IN CONFIDENCE***

***NOT FOR PUBLICATION***

Schedule 6 – Information relating to the financial or business affairs of any particular person (including the Council holding that information).

(Alderman Irvine declared an interest and left the meeting at this stage – 9.26pm)

21. PRICING OF SERVICES IN 2018 (FILE: CW51) (Appendix VII)

***COMMERCIAL IN CONFIDENCE***

***NOT FOR PUBLICATION***

Schedule 6 – Information relating to the financial or business affairs of any particular person (including the Council holding that information).

RE-ADMITTANCE OF PUBLIC/PRESS

AGREED, that the public/press be re-admitted to the meeting.

22. ANY OTHER NOTIFIED BUSINESS

There were no other items of business.

NOTED.

TERMINATION OF MEETING

The meeting terminated at 9.37pm.

Circulated for Information a) Women’s Aid – Letter of Thanks b) South Eastern Health and Social Care Trust – Introduction of car parking charges on the Ards Hospital site

38

Unclassified

ITEM 8.1

Ards and North Down Borough Council

Report Classification Unclassified

Council/Committee Council

Date of Meeting 29 November 2017

Responsible Director Director of Organisational Development and Administration

Responsible Head of Service

Date of Report 23 November 2017

File Reference

Legislation

Section 75 Compliant Yes ☒ No ☐ Not Applicable ☐

Subject National Association of Councillors (NAC) Events 2018

Attachments Summary of Study Courses

The National Association of Councillors provides study courses for Elected Members. These are held in various parts of the country, and in most cases are held at weekends on a residential basis. The provisional timetable for 2018 has been circulated and is attached for information

RECOMMENDED

It is recommended that the NAC Events are noted

Page 1 of 1

Dates, Venues & Subjects for NAC Events 2018

Date Event Location Subject

19th-21st January 2018 Conference Crowne Plaza 4*,Leeds Environment

23rd-25th February 2018 Conference York Shared Services and Resources in the Community

13th-15th April 2018 Conference Lytham St Annes TBC

29th June-1st July Summer The Royal Clifton Hotel 2018 Conference 3*, Southport TBC

[email protected] Unclassified

ITEM 8.2

Ards and North Down Borough Council

Report Classification Unclassified

Council/Committee Council

Date of Meeting 29 November 2017

Responsible Director Director of Organisational Development and Administration

Responsible Head of Service

Date of Report 23 November 2017

File Reference

Legislation

Section 75 Compliant Yes ☒ No ☐ Not Applicable ☐

Subject Suicide Prevention Training, Salford University

Attachments

Salford Professional Development Ltd is working with Salford University on a one day Suicide Prevention training course taking place on 11th December 2017 in Salford.

The Council has been offered some part-funded places. The usual cost is £299 + VAT, with part funding it will cost £210 + VAT pp. Travel is probably possible without an overnight stay.

RECOMMENDED

It is recommended that Members consider if they wish to nominate a representative to attend the above course.

Page 1 of 1

SECONDARY CARE DIRECTORATE

Secondary Care Directorate Room 1 Annex 1 Castle Buildings Stormont Belfast BT4 3SQ

Tel: 028 90378650 Email: IRMER2018Consultation@health- ni.gov.uk

Date: 24 October 2017

Dear Consultee

CONSULTATION ON PROPOSED IONISING RADIATION (MEDICAL EXPOSURE) REGULATIONS (NORTHERN IRELAND) 2018

The Department of Health would like to seek your views on draft regulations to regulate medical exposure to ionising radiation in line with requirements of the European Council Basic Safety Standards Directive (BSSD) (2013/59/EURATOM).

In order to transpose the requirements of the Directive which relate to medical exposure to ionising radiation, the Department is proposing to revoke the Ionising Radiation (Medical Exposure) Regulations (Northern Ireland) 2000 and replace them with new regulations - the Ionising Radiation (Medical Exposure) Regulations (Northern Ireland) 2018.

The aim of the proposed policy is to update and simplify existing arrangements; the regulations are essentially technical in nature and based on the requirements of the BSSD.

The proposed regulations set out safety standards and requirements for licensing and training of practitioners, licensing of healthcare facilities and recognition of medical physics experts. Compliance with the regulations is the duty of practitioners and healthcare facilities.

It is not expected that implementation of this policy will present any specific or differential rural or equality impacts and the regulatory impact on businesses and the voluntary sector is considered negligible.

This consultation exercise gives you the opportunity to comment on these legislative proposals. The consultation document is available on the Department’s website: https://www.health-ni.gov.uk/consultations.

A hard copy, or a copy in a different format, can be obtained by contacting the email address or telephone number provided above.

Responding to the consultation

Please ensure that your completed questionnaire includes; your name, organisation (if relevant), address, email address (if available) and telephone number, and whether your comments represent your own view or the corporate view of your organisation.

The closing date for comments is 5pm on Tuesday 19 December 2017. Responses received after this date will only be considered in exceptional circumstances and with prior agreement from the Department.

You should return your response by email or post to the following address:

IR(ME)R (NI) 2018 Consultation Secondary Care Directorate Department of Health Room 1 Annex 1 Castle Buildings Stormont Estate Belfast, BT4 3SQ

Email: [email protected]

Yours sincerely

Fiona Wilson

Secondary Care Directorate

From: Secondary Care Directorate

Secondary Care Directorate Room 1, Annex 1 Castle Buildings Stormont Belfast BT4 3SQ

Tel: 02890 522301

Email: ImagingReviewConsultation@ health-ni.gov.uk

Date: 26 October 2017

Dear Consultee CONSULTATION ON STRATEGIC FRAMEWORK FOR IMAGING SERVICES

The Department of Health would like to seek your views on a Strategic Framework for Imaging Services in Health and Social Care which was developed following a clinically led regional review of imaging services in Northern Ireland.

The aim of the review was to develop a 10 year strategy to address the need for improvement across a range of service issues, including increasing capacity to meet future demand and to further improve quality and safety.

The framework document outlines eight quality-based guiding principles to shape the design, configuration and delivery of HSC imaging services, and these underpin 19 strategic recommendations, grouped into five themes. The themes and recommendations condense common areas that are detailed in clinical reports produced by the work streams for adult, paediatric and interventional radiology, cardiology and obstetric imaging as well as reports from ICT, equipment and workforce issues.

In carrying out its work the review team identified early significant, critical or time-bound operational improvements that should be developed before completion of the review. This has included, for example, an expansion of the radiology trainee cohort, introduction of an accreditation scheme and improved procurement for interventional radiology consumables.

The consultation will be launched on 26 October 2017 and will run for eight weeks until 22 December 2017. The consultation documents, including all the supporting reports, are accessible on the Department’s website at: https://www.health-ni.gov.uk/consultations. A hardcopy, or a copy in a different format, can be obtained by contacting the email address or telephone number provided below.

Responding to the consultation

Please ensure that your completed questionnaire includes; your name, organisation (if relevant), address, email address (if available) and telephone number, and whether your comments represent your own view or the corporate view of your organisation.

The closing date for comments is 5pm on Friday 22 December 2017. Responses received after this date will only be considered in exceptional circumstances and with prior agreement from the Department.

You should return your response by email or post to the following address:

Imaging Review Consultation Secondary Care Directorate Department of Health Room 1, Annex 1 Castle Buildings Stormont Estate Belfast BT4 3SQ

Email: [email protected]

Yours sincerely

ALASTAIR CAMPBELL Director of Secondary Care (Acting)

From: DfI GDLConsultation [mailto:[email protected]] Sent: 08 November 2017 10:03 Subject: Invitation to respond to a Department for Infrastructure Consultation on Learning to Drive

INVITATION TO RESPOND TO A DEPARTMENT FOR INFRASTRUCTURE CONSULTATION ON LEARNING TO DRIVE

A consultation on proposed changes required to implement Graduated Driver Licensing [GDL] and make changes to the practical driving test opens today.

GDL is a package of measures being introduced with the aim of reducing the over representation of new - mainly young drivers - involved in fatal and serious road collisions. This will apply to both car drivers and motorcyclists. The main measures of GDL have already been widely consulted on in 2011/12 and approved by the NI Assembly. They form part of the Road Traffic (Amendment) Act (NI) 2016.

The Department for Infrastructure is now seeking views on a number of proposals that are currently being considered in order to implement GDL and to update the practical driving test.

The new proposals include:

. Changes to legislation that would permit learners to drive on motorways providing they are accompanied by a suitably qualified Approved Instructor;

. New post-test plating arrangements;

. Exemptions from the mandatory minimum learning period for those entitled to claim Carer’s Allowance and for members of the Armed Services;

. The content and structure of the programme of training and the logbook used to record training;

. Exemptions from completing a logbook for those required to resit the practical driving test having been disqualified or having had their licence revoked; and

. Changes to the practical driving test, for example, increasing independent driving and using a sat nav during the test, extending the hours during which driving tests can be conducted and including a test candidate’s failure to demonstrate eco-safe driving techniques as a possible reason for failing the driving test.

The consultation opens today and will run until 17th January 2018.

You are invited to participate in the consultation by accessing the link below to the online survey: https://consultations.nidirect.gov.uk/dfi-dva-pmo-ict-hr-1/graduated-driver-licensing

Regards

DVA Chief Executive’s Office c/o GDL Consultation Responses Old Court House County Hall Castlerock Road Waterside BT51 3HS  028 7034 6928 Email:[email protected] ITEM 12

Ards and North Down Borough Council

Report Classification Unclassified

Council/Committee Council

Date of Meeting 29 November 2017

Responsible Director Director of Organisational Development and Administration

Responsible Head of Head of Administration Service

Date of Report 16 November 2017

File Reference DS 30

Legislation Local Government Act (NI) 2014

Section 75 Compliant Yes ☐ No ☐ Not Applicable ☐

Subject Schedule of Meetings 2018

Attachments Meeting Schedule

Please find attached a schedule of meetings for 2018.

Members attention is drawn to October, and the suggestion to hold the Council meeting on 24 October (4th Wednesday) rather than 31 October, due to the holidays.

RECOMMENDATION

It is recommended that the Council approves the report.

ARDS AND NORTH DOWN BOROUGH COUNCIL

SCHEDULE OF MEETINGS FROM 1 JANUARY – 31 DECEMBER 2018

Please note that all Meetings will commence at 7.00pm unless otherwise stated.

JANUARY 2018

Date Meeting Venue Monday 8 January Audit Committee Church Street, N’Ards

Wednesday 10 Environment Committee Church Street, N’Ards January Thursday 11 January Regeneration and Church Street, N’Ards Development Committee Tuesday 16 January Corporate Services Church Street, N’Ards Committee Wednesday 17 Community and Wellbeing Church Street, N’Ards January Committee Monday 22 January Special Corporate Services Church Street, N’Ards Committee Wednesday 31 Council Meeting Town Hall, Bangor January FEBRUARY 2018

Date Meeting Venue Tuesday 6 February Planning Committee Church Street, N’Ards

Wednesday 7 Environment Committee Church Street, N’Ards February Thursday 8 February Regeneration and Church Street, N’Ards Development Committee Tuesday 13 February Special Council Town Hall, Bangor Tuesday 13 February Corporate Services Town Hall, Bangor 7.30pm Committee Wednesday 14 Community and Wellbeing Church Street, N’Ards February Committee Wednesday 28 Council Meeting Town Hall, Bangor February MARCH 2018

Date Meeting Venue Tuesday 6 March Planning Committee Church Street, N’Ards

Wednesday 7 March Environment Committee Church Street, N’Ards

Thursday 8 March Regeneration and Church Street, N’Ards Development Committee Tuesday 13 March Corporate Services Church Street, N’Ards Committee Wednesday 14 Community and Wellbeing Church Street, N’Ards March Committee Wednesday 28 Council Meeting Town Hall, Bangor March APRIL 2018

Date Meeting Venue Tuesday 10 April Planning Committee Church Street, N’Ards Wednesday 11 April Environment Committee Church Street, N’Ards Thursday 12 April Regeneration and Church Street, N’Ards Development Committee Tuesday 17 April Corporate Services Church Street, N’Ards Committee Wednesday 18 April Community and Wellbeing Church Street, N’Ards Committee Wednesday 25 April Council Meeting Town Hall, Bangor MAY 2018

Date Meeting Venue Tuesday 1 May Planning Committee Church Street, N’Ards Wednesday 2 May Environment Committee Church Street, N’Ards Thursday 3 May Regeneration and Church Street, N’Ards Development Committee Tuesday 8 May Corporate Services Church Street, N’Ards Committee Wednesday 9 May Community and Wellbeing Church Street, N’Ards Committee Wednesday 30 May Council Meeting Town Hall, Bangor JUNE 2018

Date Meeting Venue Wednesday 6 June Annual Meeting Town Hall, Bangor 11 am Tuesday 12 June Planning Committee Church Street, N’Ards Wednesday 13 June Environment Committee Church Street, N’Ards Thursday 14 June Regeneration and Church Street, N’Ards Development Committee Tuesday 19 June Corporate Services Church Street, N’Ards Committee Wednesday 20 June Community and Wellbeing Church Street, N’Ards Committee Wednesday 27 June Council Meeting Town Hall, Bangor JULY 2018

Tuesday 3 July Planning Committee Church Street, N’Ards Wednesday 25 July Council Meeting Town Hall, Bangor

2

AUGUST 2018

Tuesday 7 August Planning Committee Church Street, N’Ards Wednesday 29 Council Meeting Town Hall, Bangor August SEPTEMBER 2018

Date Meeting Venue Tuesday 4 Planning Committee Church Street, N’Ards September Wednesday 5 Environment Committee Church Street, N’Ards September Thursday 6 Regeneration and Church Street, N’Ards September Development Committee Tuesday 11 Corporate Services Church Street, N’Ards September Committee Wednesday 12 Community and Wellbeing Church Street, N’Ards September Committee Wednesday 26 Council Meeting Town Hall, Bangor September OCTOBER 2018

Date Meeting Venue Tuesday 2 October Planning Committee Church Street, N’Ards Wednesday 3 Environment Committee Church Street, N’Ards October Thursday 4 October Regeneration and Church Street, N’Ards Development Committee Tuesday 9 October Corporate Services Church Street, N’Ards Committee Wednesday 10 Community and Wellbeing Church Street, N’Ards October Committee Wednesday 24 Council Meeting Town Hall, Bangor October NOVEMBER 2018

Date Meeting Venue Tuesday 6 November Planning Committee Church Street, N’Ards Wednesday 7 Environment Committee Church Street, N’Ards November Thursday 8 Regeneration and Church Street, N’Ards November Development Committee Tuesday 13 Corporate Services Church Street, N’Ards November Committee Wednesday 14 Community and Wellbeing Church Street, N’Ards November Committee Wednesday 28 Council Meeting Town Hall, Bangor November

3

DECEMBER 2018

Date Meeting Venue Tuesday 4 December Planning Committee Church Street, N’Ards Wednesday 5 Environment Committee Church Street, N’Ards December Thursday 6 Regeneration and Church Street, N’Ards December Development Committee Tuesday 11 Corporate Services Church Street, N’Ards December Committee Wednesday 12 Community and Wellbeing Church Street, N’Ards December Committee Wednesday 19 Council Meeting Town Hall, Bangor December

4

Unclassified

ITEM 13

Ards and North Down Borough Council

Report Classification Unclassified

Council/Committee Community and Wellbeing Committee

Date of Meeting 29 November 2017

Responsible Director Director of Community and Wellbeing

Responsible Head of Head of Leisure and Amenities Service

Date of Report 22 November 2017

File Reference CW109

Legislation Recreation and Youth services Order (1986)

Section 75 Compliant Yes ☒ No ☐ Not Applicable ☐

Subject XN Leisure - Visit

Attachments None

Members may be aware that the leisure services and community halls sections of the Council have for many years used a management software system provided by XN Leisure. The current version being used is now out of date and XN Leisure advised that it is no longer being supported. An extensive review of leisure management systems was undertaken by the Leisure Management team assisted by the Business Technology team to see if there was a more efficient and cost-effective system on the market to replace the now outdated system. This review concluded that the systems now offered by XN Leisure appear to be the best available and given the long-standing relationship with XN Leisure there would be minimal impact on how the software system would be integrated into the service.

To fully assess how the new system will look in operation XN Leisure have advised that members of the team should visit a similar sized facility where they can see the system in use and speak to management and staff members about the system, in day to day use, to fully assess how it would work for the leisure and community teams.

XN Leisure have suggested that one of the sites that operate the proposed system in Warrington would offer an excellent comparison as it is of a similar size with similar facilities and they are currently operating with all the features that the leisure and community sections will be looking to utilise. Page 1 of 2

Unclassified

They have also advised that their IT Manager would offer insights to our Business Technology team that may help inform the decision-making process on whether to proceed with XN Leisure or continue to seek an alternative operating system.

It is proposed to send six members of staff, all of whom play key roles in the operation and use of the management software systems. Each member of the team will offer insights and understanding of different aspects of how the system is used, daily, and getting universal agreement on the system from all members of the team will be key to the success of this system particularly in the opening of the new leisure centre.

The logistics require a return flight from Belfast International to Liverpool leaving early in the morning and returning the same evening at a total cost of approximately £700 on Friday December 8th, 2017. It will also require the hiring of a minibus to transport the team from Liverpool airport to the leisure centre in Warrington at an approximate cost of £126. In addition, each member of the team will be entitled to a subsistence of up to £56 making a total cost to Council of approximately £1200.

Team members to undertake site visit: Ian Elliott Outdoor Facilities Manager Team leader Lisa Erskine Leisure Marketing Officer Systems leader Clare Newell Community Halls Administration Community Bookings Neil Pratt Aquatics Officer Courses Management Carol Poots Finance Finance Liaison Tim Smyth Business Technology IT Liaison

RECOMMENDATION

It is recommended that the council authorises this exploratory visit Warrington to assess the suitability of the new XN Leisure system

Page 2 of 2

ITEM 14

Ards and North Down Borough Council

Report Classification Unclassified

Council/Committee Council

Date of Meeting 29 November 2017

Responsible Director Director of Organisational Development and Administration

Responsible Head of Head of Administration Service

Date of Report 21 November 2017

File Reference CG 12172

Legislation Local Government Act (NI) 2014

Section 75 Compliant Yes ☐ No ☐ Not Applicable ☒

Subject Notices of Motion

Attachments Notices of Motion - Status Report

Please find attached a Status Report in respect of Notices of Motion.

This is a standing item on the Council agenda each month and its aim is to keep members updated on the outcome of motions. Please note that as each motion is dealt with it will be removed from the report.

RECOMMENDATION

It is recommended that the Council notes the report.

NOTICE OF MOTIONS UPDATE – NOVEMBER 2017

TO BE POPULATED BY DEMOCRATIC SERVICES

DATE NOTICE SUBMITTED COUNCIL COMMITTEE OUTCOME OF MONTH IT OTHER RECEIVED BY MEETING REFERRED TO COMMITTEE WILL BE ACTION TO BE DATE WHERE NOM REPORTED TAKEN DEBATED BACK TO COMMITTEE 07/11/14 Investigate concept behind Councillor 04/12/14 Governance Agreed Ongoing innovation lab Walker 18.12.14 29/03/15 To ask officers to draft a Councillor 29/04/15 Council Agreed Ongoing Community Charter for the Barry 27.05.15 & 26.08.15 new Council 31/05/15 Permanent recognition of Councillor 24/06/15 Corporate Services Agreed Ongoing Rory McIlroy in Holywood Muir 13.10.15 15/11/16 That Council considers the Councillor November Corporate Services Amended November To be ratified purchase of a number of Martin 2016 December 2016 2017 at November Commemorative benches (to 2017 Council remember our Fallen from all meeting wars and conflicts) for appropriate locations throughout the Borough. 28/2/17 War Memorial – Councillors Council Corporate Services Agreed in December Barry and March Committee April principle 2017 Woods 2017 2017 pending report

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DATE NOTICE SUBMITTED COUNCIL COMMITTEE OUTCOME OF MONTH IT OTHER RECEIVED BY MEETING REFERRED TO COMMITTEE WILL BE ACTION TO BE DATE WHERE NOM REPORTED TAKEN DEBATED BACK TO COMMITTEE 26.4.17 Provision of Defibrillators Councillor May 2017 Community & Agreed November To be ratified across the Council Estate Robinson Wellbeing 2017 at November Committee June 2017 Council 2017 meeting 30.5.17 Flexible closing times of Councillor June 2017 Environment Agreed March 2018 public toilets Chambers Committee Sept 2017 30.5.17 Filling of paddling pools Councillor June 2017 Community & Agreed March 2018 Chambers Wellbeing Committee Sept 2017 7.7.17 Sunday Trading Legislation Councillor July 2017 Environment Agreed January 2018 Boyle and Committee Alderman September 2017 Carson 18.7.17 Equity in the provision of Councillor July 2017 Community & Agreed 2018 Christmas festivities in the Smith Wellbeing Borough September 2017 18.7.17 Badging scheme – dog Councillor July 2017 Environment Agreed January 2018 friendly areas Douglas Committee September 2017 18.7.17 Don’t Mow, Let it Grow Councillor July 2017 Community & Agreed February programme Douglas Wellbeing 2018 Committee September 2017

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DATE NOTICE SUBMITTED COUNCIL COMMITTEE OUTCOME OF MONTH IT OTHER RECEIVED BY MEETING REFERRED TO COMMITTEE WILL BE ACTION TO BE DATE WHERE NOM REPORTED TAKEN DEBATED BACK TO COMMITTEE 18.7.17 Restoration of historic Market Councillors July 2017 Community & Agreed March 2018 Cross in Newtownards McIlveen, Wellbeing Kennedy Committee and September 2017 Armstrong- Cotter 30/8/17 Creating an inclusive beach Councillor Council – Community & Agreed June 2018 Robinson Sept 2017 Wellbeing Committee – October 17 5/9/17 Provision of a dog park in Councillor Council – Environment Agreed February Bangor Robinson Sept 2017 Committee – 2018 October 2017 7/9/17 Upgrading the promenade at Councillor Council – Regeneration and Agreed February Ballyholme Douglas Sept 2017 Development 2018 Committee – October 2017 3/10/17 Foodbanks and distribution Councillors Council – Community & Agreed November To be ratified Centres Woods Oct 2017 Wellbeing 2017 at November and Barry Committee – 2017 Council November 2017 meeting 13/10/17 Creation of 20,000 new jobs Alderman Council – Regeneration & Agreed November To be ratified in the Borough McDowell Oct 2017 Development 2017 at November Committee – November 2017

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DATE NOTICE SUBMITTED COUNCIL COMMITTEE OUTCOME OF MONTH IT OTHER RECEIVED BY MEETING REFERRED TO COMMITTEE WILL BE ACTION TO BE DATE WHERE NOM REPORTED TAKEN DEBATED BACK TO COMMITTEE 2017 Council meeting

13/10/17 Setting up a Brexit section Alderman Council – Regeneration & Agreed November To be ratified McDowell Oct 2017 Development 2017 at November Committee – 2017 Council November 2017 meeting

16/10/17 Removal of prayer as part of Councillors Council – Corporate Services Fell November To be ratified official Council agenda Barry, Oct 2017 Committee – 2017 at November Woods November 2017 2017 Council and meeting Robinson 16/10/17 Cancellation of the CDL Councillors Council – Environment Agreed February scheme Barry and Oct 2017 Committee – 2018 Woods November 2017 16/10/17 Reducing use of plastics and Councillors Council – Environment Agreed November To be ratified increasing use of recyclables Woods Oct 2017 Committee – 2017 at November and Barry November 2017 Council 17/10/17 Report on hydrotherapy pool Alderman Council – Agreed at Council Agreed To be ratified Keery and Oct 2017 at November Councillor Council McIlveen

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6 “Guardian of the Public Appointment Process”

ANNUAL REPORT 2015/16

“Guardian of the Public Appointment Process”

ANNUAL REPORT 2016/17

www.publicappointsmentsni.org

Contacting Us

If this document is not in a format that meets your needs please contact the CPA NI Office.

This document is also available on the following internet site: http://www.publicappointmentsni.org

You can contact us at the address below or by: E-mail: [email protected] Telephone: 028 9052 4820

Commissioner for Public Appointments for Northern Ireland Annexe B Dundonald House Stormont Estate Belfast BT4 3SB

Contents

Page 1. Commissioner’s Introduction 5 2. Executive summary 9 3. Vision and values of CPA NI 11 3.1 Vision 11 3.2 Values 11 4. Role of CPA NI 12 4.1 Legislation 12 4.2 Mission statement 12 4.3 What does the Commissioner do? 12 4.4 How does the Commissioner regulate Public 12 Appointments? 4.5 CPA NI Organisation structure 14 5. The Code of Practice 15 5.1 Introduction 15 5.2 Changes to the Code 15 5.3 Regulated and Unregulated competitions 16 6. Independent Assessors 17 6.1 Role of the Independent Assessor 17 6.2 Independent Assessors – Diversity Champions 18 6.3 Performance of Independent Assessors and feedback 18 from Departments 6.4 Recruitment of Independent Assessors 19 7. Public Appointment Activity 2016/17 20 7.1 Appointments and Reappointments 20 7.2 Extensions 20 7.3 Exceptions to the Code 21 8. CPA NI Activity 2016/17 23 8.1 Introduction 23 8.2 Public Appointments Workshop 24 8.3 Business Planning 25 8.4 Audit and Compliance programme 2016/17 25

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8.5 Dealing with Complaints 27 8.6 Review of governance arrangements 27 8.7 The CPA NI Website 27 Annexes [I] List, from each Government Department, of Bodies to 28 which regulated and unregulated appointments are made

[II] CPA NI Operating Plan 1st April 2017 to 31st March 2018 34

[III] Statement of Expenditure 41

[IV] List of events attended by the Commissioner 43

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1. Commissioner’s Introduction

This report covers my first full year as Commissioner for Public Appointments. It has been a year of both progress and setback for the development of our public bodies.

Our public boards are the governing bodies for the organisations that deliver the bulk of our public services in Northern Ireland. The Northern Ireland Executive has adopted a policy on diversity which requires that the individuals appointed to sit as non-executive directors and Chairs on these Boards are to be drawn from the full range of talent available in our society; in particular targets have been set to achieve equal representation of women on our public Boards. This approach ensures a good skills mix on our public boards. It also promotes a public perception that there is wide citizen representation in the decision making processes around how our public services are delivered. Improving diversity means attracting people with a greater range of experience and background, more women, younger people, people with disabilities and people from the LGBT communities. It is also important that our public boards are fairly representative of the different community backgrounds in Northern Ireland.

Having worked closely with the then Office of the First Minister and deputy First Minister (now The Executive Office, TEO) in promoting the need for greater diversity on public boards, I was delighted when in March 2016 the First and deputy First Ministers announced the Northern Ireland Executive targets for equal representation of women on public boards by 2020/2021. This policy was a formal recognition of the strength of the moral, business, economic and good governance arguments in favour of greater diversity at

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Board level and of equal representation of women in decision making roles. There was also a ground breaking aspect to these gender targets in that they were set separately for membership and Chairs of the boards. Gender equality targets specifically for Chairs of public Boards are not established elsewhere in the UK or Ireland and the NI Executive was to be commended for this forward thinking approach.

The latest gender breakdown of the membership of public boards in Northern Ireland is 41% female; at Chair level the figure falls to 23% female representation. The NI Executive targets of equality of female/female representation by 2020/2021 were going to be challenging to meet but with the expected level of vacancies occurring between 2016 and 2021 they were achievable certainly for membership. Equality at Chair level would have been more difficult to obtain within the timeframe envisaged but with commitment certainly could have been reached relatively soon after.

The reporting year began, therefore, on an optimistic note. This optimism has faltered with the fall of the Northern Ireland Executive on the 16th January 2017 followed by the fall of the Northern Ireland Assembly on the 26th January 2017. Without Ministers to make new public appointments Government Departments may have to extend the tenures of current Board members and Chairs in order to allow public boards to continue to function. This situation will make it very difficult to achieve the equality targets within the set timeframe.

The public appointments reform agenda recognises that persistent failure to achieve a well-balanced and diverse Board undermines the functioning of the public body. Unfortunately, as a result of the political uncertainty it looks likely that the public appointments reform agenda may in part be stalled. I have no doubt that Government Departments and the Chairs and members of our public boards will continue to strive to develop high standards of corporate governance. It seems they may have to do so in difficult and disappointing political circumstances and without the full impetus of the public appointments reform agenda.

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The work of my office has continued despite these political uncertainties. Since Autumn 2016 CPA NI and TEO have been working collaboratively to build the measures necessary to realise the diversity targets. In the course of the reporting year CPA NI has also continued to run its free and publicly available workshops. The aim of these is to help participants who may wish to apply better understand the public appointments process. The total attendance this year numbered 90 and the participants have come from a range of private, public and community sector backgrounds. (The purpose and content of the workshops and access to them is described in more detail in section 8.2 of this report). This encouraging attendance indicates a healthy level of interest in participation on our public boards from people from diverse backgrounds. CPA NI has also worked this year with the Queens University of Belfast to set up a mentoring scheme for post graduate students. Under this scheme seventeen post graduate students are paired with a mentor from a public board and in addition to having discussions with their mentor will also attend a number of board meetings. This initiative in particular will help encourage a younger group of people to consider board level participation.

The audits that I have carried out this year show that there is room for improvement in some Departmental appointment processes. The reports identified breaches of the Code of Practice for Ministerial Public Appointments by the Department of Health (DoH) and TEO, for which I have made recommendations. It is imperative that DoH, TEO and indeed all Government Departments implement these recommendations as a matter of course.

Alongside my statutory duty to undertake audit investigations, I am keen that my office works collaboratively with Departments in order to ensure that all public appointment processes are conducted to the highest standards and that the drive for greater diversity is effectively carried through. For example, the Department of Agriculture, Environment and Rural Affairs (DAERA) has worked closely with my team, and I have seen evidence of good work by the Department to widen the range of applicants coming forward. There has been an increase in the number of female applicants and consequently more women appointed to DAERA bodies which were previously perceived as

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traditionally male areas. This is a positive development not least because women are so heavily involved in the agricultural industries.

The planning for Board vacancies, the length of time taken to run a competition and the level and tone of communication with candidates are also important. There is evidence of inadequate planning in certain Departments and some competitions seem to take an inordinate period of time to complete. Such delays can create a poor image for the public sector. I intend for my office to undertake a piece of work to examine competitions over a number of years to establish the average length of time taken to fill public appointment vacancies and to explore the scope for improvement in this area. Similarly we intend to work with Departments to encourage a more open, informative and friendly approach to communication with candidates.

In my previous Annual Report I set out the promotion of good governance in our public bodies as a main priority for my term of office. I share the vision of Northern Ireland as a place with an international reputation for being well administered with high standards of corporate governance with all the economic, inward investment and social benefits that entails. I suggested that in its practice and understanding of the importance of good governance the public sector should make itself a shining example for the private and other sectors to follow. It is somewhat difficult to maintain this advocacy in the present disappointing political environment of Northern Ireland. Nevertheless, it is at this time that such advocacy is most needed in order to maintain the confidence of citizens in our public administration and to provide a much needed degree of social stability.

Judena Leslie Commissioner

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2. Executive Summary

Section 1 - Commissioner’s Introduction

• Improving the diversity of public boards. • Ground breaking targets for equal representation of women on public boards. • The public appointments reform agenda. • Public appointment workshops and mentoring scheme. • Findings of audit investigations. • Evidence of good work by the Department of Agriculture, Environment and Rural Affairs. • Succession planning for public boards. • Requirement for good governance at board level.

Sections 3 and 4 – Vision, Values and Role of CPA NI

These are set out for readers.

Section 5 – The Code of Practice • Paragraph 3.6 now requires that the appointment plan must include details of the gender breakdown of the current membership of the board to which appointments are being made. • Paragraph 3.44 of the updated Code requires Departments to provide the Minister, at the same time as the applicant summary, with a gender breakdown of the current membership of the board to which appointments are being made. The Department must also ensure that the Minister is aware of the agreed Executive targets for diversity in public appointments. • Paragraph 3.45 of the Code now requires the Minster to record reasons for a decision not to appoint any of the appointable candidates. This requirement also applies to a decision relating to candidates on a reserve list.

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Section 6 – Independent Assessors

• CPA NI allocated Independent Assessors to 41 public appointment competitions. • Role of Independent Assessors included acting as diversity champion. • Increased focus on diversity throughout Independent Assessor training sessions.

Section 7 – Public Appointment Activity 2016/17

• 56 public appointment positions were advertised by Departments. • There were 35 reappointments. • 66 terms of appointment were extended in 2016/17. • The Commissioner granted five exceptions to the Code, to three Departments. • Two exceptions to the Code were not approved by the Commissioner.

Section 8 – CPA NI Activity 2016/17

• Strong outreach programme continued by Commissioner. • Commissioner spoke at many events. • Successful delivery of CPA NI workshop on public appointments. • CPA NI published two audit reports in 2016/17. • Commissioner investigated one confidential complaint. • Commissioner carried out a review of aspects of governance relating to the Northern Ireland General Teaching Council.

Annexes The Report ends with four annexes [I] List, from each Government Department, of Bodies to which regulated and unregulated appointments are made [II] CPA NI Operating Plan 1st April 2017 to 31st March 2018 [III] Statement of Expenditure [IV] List of events attended by the Commissioner

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3. Vision and Values of CPA NI

3.1 Vision

The CPA NI vision is that all public appointments are made on merit, in a fair and open manner and that opportunities to serve on the boards of public bodies are open to the widest possible field of candidates.

3.2 Values

The core values of CPA NI are those that are also expected of Ministers and their Departments in making public appointments. They are:

Merit Diversity Equality of Opportunity Openness, Transparency and Independence Integrity Proportionality Respect

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4. Role of CPA NI

4.1 Legislation

The post of Commissioner was established in 1995 by the ‘Commissioner for Public Appointments (Northern Ireland) Order’ (the Public Appointments Order), which has been amended on two occasions to take account of the progressive devolution of powers and duties to the Northern Ireland Executive.

4.2 CPA NI Mission Statement

- to regulate and monitor the policies and procedures of Ministers and their Departments in making public appointments, - to ensure that Departments operate systems that allow every citizen who has skills and experience to contribute and who has the motivation and integrity to serve, to put herself/himself forward for appointment, and - to ensure that applicants are treated, throughout the public appointment process, in a manner that is fair, considerate, consistent, open and transparent, with the goal of selecting the best candidates, on merit, for board service; - to promote good governance including diversity in our public boards.

4.3 What does the Commissioner do?

The Commissioner regulates and monitors the compliance of Departments with the Commissioner’s ‘Code of Practice for Public Appointments in Northern Ireland’ (the Code). She also provides advice and guidance on the process of selection for public appointments and she investigates complaints.

4.4 How does the Commissioner regulate public appointments?

The Order, which can be viewed on the CPA NI website on the ‘Our Role’ page, sets out formally the statutory duties of the Commissioner as:

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1. The Commissioner shall in the manner she considers best calculated to promote economy, efficiency and effectiveness in the procedures for making public appointments, exercise her functions with the object of maintaining the principle of selection on merit in relation to public appointments. 2. The Commissioner shall prescribe and publish a Code of Practice on the interpretation and application by Departments of Government on the principle of selection on merit for public appointments and shall adopt and publish from time to time such additional guidance as the Commissioner shall think fit. 3. The Commissioner shall carry out an audit to review the policies and practices of Departments in making public appointments to establish whether the Code of Practice referred to in paragraph 2 is being observed. 4. The Commissioner may require any Department to publish such summary information relating to selection for public appointments as she may specify in writing. 5. The Commissioner may from time to time conduct an inquiry into the policies and practices pursued by a Department in relation to any public appointment or description of any public appointment. 6. The Commissioner shall publish an annual report which shall include - a. information as to the application by Departments of the principle of selection on merit in relation to public appointments and as to the observance by Departments of the Code of Practice, and b. an account of the audit of policies and practices of Departments in making public appointments.

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4.5 CPA NI Organisation Structure

The Commissioner operates with a team of two officers. In addition a team of around 30 Independent Assessors is managed by the Commissioner. Section 6 of this report deals with Independent Assessors.

Judena Leslie Commissioner

Pat Neeson Independent Business and Policy Manager Assessors

Patrick Longmore Compliance Officer

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5. The Code of Practice

5.1 Introduction

The Public Appointments Order requires the Commissioner to ‘prescribe and publish a Code of Practice on the interpretation and application by Departments of the principle of selection on merit for public appointments’. CPA NI regulates and monitors the work of the Departments to ensure they comply with the Code.

5.2 Changes to the Code

The Commissioner amends the Code from time to time to ensure that it is up- to-date and relevant. The latest version of the Code is available on the Home Page of the CPA NI website www.publicappointmentsni.org.

During the year to March 2017 three amendments to the Code have been made. These amendments will ensure that an appointing Minister is better informed on the gender breakdown of the membership of the Board to which they are appointing; and will clarify a Minister’s record keeping obligations should they choose to not to appoint to a Board.

• Paragraph 3.6 now requires that the appointment plan must include details of the gender breakdown of the current membership of the board to which appointments are being made.

• Paragraph 3.44 of the updated Code requires Departments to provide the Minister, at the same time as the applicant summary, with a gender breakdown of the current membership of the board to which appointments are being made. The Department must also ensure that the Minister is aware of the agreed Executive targets for diversity in public appointments.

• Paragraph 3.45 of the Code now requires the Minster to record reasons for a decision not to appoint any of the appointable candidates. This

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requirement also applies to a decision relating to candidates on a reserve list.

Additional guidance, interpretation and answers to questions about the Code and the public appointment process in general can be found in the ‘Frequently Asked Questions’ section of the website.

5.3 Regulated and Unregulated Competitions

Public appointments can be ‘regulated’ by the Commissioner or ‘unregulated’.

Annexe I gives the latest list of public bodies, supplied by the Departments, showing which are regulated and which are unregulated. In October 2016 The Executive Office wrote to the Commissioner to seek her views on a draft Prerogative Order proposing a number of changes to the Public Appointments Order. The changes included bringing a number of new bodies within the remit of CPA NI. The Prerogative Order has not yet been made.

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6. Independent Assessors

6.1 Role of the Independent Assessor

Independent Assessors play an CPA NI allocated Independent important part in the public Assessors to 41 public appointment process. They serve on appointment competitions in every regulated public appointment 2016/17 recruitment panel, bringing expertise, independence and experience in recruitment matters and on the Commissioner’s Code. They also serve on the panels of unregulated competitions. They serve as full voting members of the panels and are required to be engaged from the planning stages of the recruitment competition.

They help the Department to get the planning and documentation right and to sift and short-list candidates. They take part in interviews. They also jointly approve, with the other panel members, the applicant summaries that go to the Minister recommending candidates suitable for appointment.

Independent Assessors have a duty to challenge the panel and the Department when they identify deviation from the Code and from best-practice, and to refer the problem to the Department and to the Commissioner as necessary. After each competition, the Independent Assessor completes a review of the competition, highlighting to the Commissioner any points of concern. All issues raised by the Independent Assessor are followed up by CPA NI.

All Independent Assessors are committed to the merit principle and to fair treatment of candidates. They have open access to the Commissioner and her team to ensure that difficulties encountered by Departments and panels are dealt with promptly and effectively.

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6.2 Independent Assessors - Diversity Champions

The Commissioner has made the policy of increasing diversity on public boards a key priority of her tenure.

The Independent Assessor has an important role to play in promoting this approach and is in a position to encourage recognition, at appointment panel level, of the benefits of diversity. The Commissioner has now tasked each Independent Assessor to take on the role of diversity champion in each public appointment process in which he or she is involved. Specific training was held in-year for the pool of Independent Assessors to prepare them for this new role and the Commissioner and staff will continue to encourage and assist the Independent Assessors in any way they can.

6.3 Performance of Independent Assessors and feedback from Departments

After each competition, the Department completes a short evaluation, for the Commissioner, of the part played by the Independent Assessor. Any matters of concern are raised, by CPA NI, with the Independent Assessor and/or included in subsequent training sessions. Also, the Commissioner regularly meets the officers, from all Departments, who work on public appointments; they have the opportunity to raise matters concerning them, including the performance of Independent Assessors on their recruitment panels.

CPA NI conducted three training sessions, with an increased focus on diversity, for Independent Assessors during the year, to ensure they are up-to-date on Code changes and all other matters relating to public appointment competitions.

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6.4 Recruitment of Independent Assessors

Many of current pool of Independent Assessors are due to finish their first term in 2017. The Commissioner is considering carrying out a recruitment competition to refresh the Independent Assessor pool.

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7. Public Appointment Activity 2016/17

7.1 Appointments and reappointments

As the figures in the boxes show, 91 56 public appointment positions public appointment positions were advertised in 2016/2017 available for appointment or reappointment during the year.

Department Press Releases showed 35 reappointments in 2016/2017

7.2 Extensions

Over the year there were a total of sixty-six extensions of appointment. Extensions should be made only in exceptional circumstances and for a short period. All extensions by Departments are required to be notified to the Commissioner, together with the reason for the extension; a public announcement is also required for all extensions.

The Commissioner expressed concern in the previous Annual Report that some Departments were routinely extending the terms of public appointees. She took the view that this practice could undermine the objective of achieving greater diversity, and in particular greater representation of women on our public bodies. Unfortunately as a result of the fall of the NI Executive at the beginning of 2017 the practice of extending Board tenure is quickly become the norm with the Departments having no alternative in the absence of Ministers. Any continuation of this approach will have negative consequences for the achievement of the NI Executive equality targets. Going forward the Commissioner intends to monitor the making of extensions and will report in next year’s Annual Report.

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7.3 Exceptions to the Code

Departments wishing to depart from any aspect of the Code in a particular competition must obtain written permission from the Commissioner to do so. Every case is carefully considered and exceptions are not granted lightly.

Five exceptions were granted by the Commissioner, in three Departments, in the 2016/2017 year. These were:

DEPARTMENT PUBLIC NATURE OF EXCEPTION BODY DAERA Agri-Food and Extension of time limit for reserve list. Biosciences Institute

DFC Ministerial Advisory Appointment of interim Chair from within Group (MAG) for current membership. Architecture and the Built Environment

DFC NI Housing Executive Appointment of an interim Chair.

DFC NI Housing Executive Appointment of an interim vice-Chair.

DFI Harbour Extension of time limit for reserve list. Authority

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In addition two exceptions to the Code were not approved by the Commissioner.

DEPARTMENT PUBLIC NATURE OF EXCEPTION BODY DFC Sport NI The then Minister appointed an interim Chair and vice Chair informing the Commissioner following the decision. Given the particular circumstances the Commissioner accepted the rationale for this approach. DOH Western Health and Appointment of an Interim Chair without the Social Care Trust approval of the Commissioner. The Commissioner was not notified of the appointment nor was it publicised in line with the Code of Practice.

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8. CPA NI Activity 2016/17

8.1 Introduction

The continuing ‘open- door’ approach of CPA NI Commissioner’s outreach included has strengthened existing speaking at: • Young People on Boards Graduation relationships with event Departments and ensures • A visit by a delegation from the that potential problems Armenian National Assembly with competitions are • Meeting of NI Assembly Women's resolved at the earliest Caucus opportunity. This • Law Society Seminar approach is more helpful • Northern Ireland Rural Women’s to Departments and Network ultimately to candidates for appointment. CPA NI will continue to offer this service to all who require it.

The Commissioner met with a delegation from the Armenian National Assembly.

The Commissioner has continued the CPA NI outreach programme engaging with a wide range of organisations and individuals interested in public appointments. This outreach is intended to target currently under- represented groups, as well as people from a wider business, industry and

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third sector background, to inform them of the opportunities available across the boards of public bodies. This is designed to tackle the problem of under- representation faced by Departments and the boards for which they are responsible.

The Commissioner attended the Young People on Board graduation event.

The Commissioner’s policy of making herself and her officials available to organisations, to explain what public appointments are, how to identify opportunities and how to go for them, resulted in many requests for meetings and for the Commissioner to speak at events.

Commissioner met with a wide range of organisations and individuals including: • Civil Service Commissioners • QUB Graduate School • Department for Communities Committee

8.2 Public appointments workshops

As a means of encouraging a wider range of people to apply for a public appointment the Commissioner has set up a series of free, half day workshops that explain: • what is a public appointment is and why you should consider applying; • what the appointment process entails and how to complete an application; • how long the process takes and who makes the final decision.

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In this reporting year CPA NI has delivered seven workshops with 90 participants. Feedback from participants has helped CPA NI improve the format of the workshop and we are considering further changes such as including mock interviews in order to make the events as useful and relevant as possible. The impact of these workshops in encouraging a wider range of people to apply for public appointments will be measured when new competitions get underway.

Information on the workshops can be accessed on the CPA NI website.

www.publicappointmentsni.org

8.3 Business Planning

CPA NI creates an Operating Plan each year, in which objectives are identified and for which resources are sought. The CPA NI team conducts regular reviews of its performance against the plan and takes corrective action. The operating plan can be found at Annexe II of this report.

8.4 Audit and Compliance programme 2016/17

CPA NI completed the following audits of public appointment recruitment competitions during the year. Departments are required to deal with all issues identified.

All audits can be viewed in full in the ‘Investigations and Compliance’ page of the website.

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Audit reports:

Department Public Body Competition Audit Report Date

TEO Strategic Investment Appointment of two June 2016 Board (SIB) members

DoH South Eastern Health Appointment of three January 2017 and Social Care Trust members

The audit of the SIB competition showed that despite considerable efforts by the Department at the outset of the appointment process only 34.5% of applicants were female. This points up to the need for the Department and the Board to carry out outreach work to explain and promote the work of SIB to a much wider audience in particular targeting women’s networks. This work should commence now to prepare the way for any future vacancies. There are a number of public bodies in similar circumstances and I fully expect to see both Departments and the public bodies who need to do so undertaking this outreach work. It is my intention to keep outreach by public bodies under review.

The audit of the South Eastern Health and Social Care Trust showed up disappointing standards in the administration of this public appointments process. In addition the balance of female representation on the board remained poor after the new appointments were made. DOH is sponsor to the largest number of public bodies and runs the largest number of public appointment competitions. DoH must improve the demonstrated standard of its administration of its public appointments processes. Failure to do so will have adverse consequences right across the health sector.

These audits show that there is scope for real improvements in both the outreach work necessary for public bodies and the administration of the public appointments process.

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8.5 Dealing with complaints

The Commissioner has a duty to investigate complaints about public appointment processes. In most cases, she will require the complainant to have referred the complaint, in the first instance, to the Department concerned. If the complainant is dissatisfied with the Department’s handling of the complaint, he/she may refer it to the Commissioner for investigation.

Each Department reports, annually, to the Commissioner, details of complaints and challenges received and handled by them. The Departmental reports for 2016/17 show that no complaints were received, and three Departments handled a total of seven challenges.

In the 2016/17 year, one confidential complaint was submitted to the Commissioner for which the Commissioner undertook a detailed investigation.

8.6 Review of governance arrangements

The Commissioner carried out a review of the governance arrangements of a public body sponsored by the Department of Education.

8.7 The CPA NI Website, www.publicappointmentsni.org

The website continues to function as a much used source of information on public appointments and on the work of CPA NI. It contains information on the role of CPA NI, the latest version of the Code and unabridged versions of CPA NI reports (the only exception being that complaint reports are published anonymously if the complainant asks for this).

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ANNEXE I

List, from each Government Department, of bodies to which regulated and unregulated appointments are made.

Department of Agriculture, Environment & Rural Affairs (DAERA) REGULATED UNREGULATED • Agricultural Wages Board for NI • Agri-Food Strategy Board • Agri-Food and Biosciences (sponsored jointly with DfE) Institute • CAFRE College Advisory Group • Council for Nature Conservation • TB Strategy Partnership Group and the Countryside • Fishery Harbour Authority (NI) • Livestock and Meat Commission for NI

Department for Communities (DfC) REGULATED UNREGULATED • Architecture & Built Environment • Vaughan's Charity Trustees Ministerial Advisory Group for NI • W5 Ltd • Armagh Observatory & Planetarium Board of Governors • Armagh Observatory & Planetarium Management Committee • Arts Council of NI • Charities Advisory Committee • Charity Commission for NI • Historic Buildings Council • Historic Monuments Council • Libraries NI

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• Local Government Staff Commission • National Museums NI • NI Local Government Officers’ Superannuation Committee • NI Museums Council • NI Housing Executive Board • Sport NI • Ulster Supported Employment Ltd

Department of Education (DE) REGULATED UNREGULATED • Comhairle Na Gaelscolaiochta • Exceptional Circumstances Body • Council for Catholic Maintained • Middletown Centre for Autism Ltd Schools • Diocesan Education Committees of the Council for Catholic Maintained Schools • Education Authority • General Teaching Council for NI • NI Council for Integrated Education • NI Council for the Curriculum, Examinations and Assessment • Youth Council for NI

Department for the Economy (DfE) REGULATED UNREGULATED • Certification Officer for NI • Agri-Food Strategy Board (jointly • CITB – Construction Skills NI sponsored with DAERA) • Consumer Council • Catalyst NI

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• Governing Bodies of Further • Fair Employment Tribunal Education Colleges • Industrial Tribunals − Belfast Metropolitan College • Industrial Court − Northern Regional College • NI Co-operation Overseas − North West Regional College • Reinstatement Committee for − South Eastern Regional College Reserve Forces in Civil − Southern Regional College Employment − South West College • Health & Safety Executive • Invest NI • Labour Relations Agency • NI Screen • St Mary's University College • Stranmillis University College • Tourism NI

Department of Finance (DoF) REGULATED UNREGULATED • NI Authority for Utility Regulation • Lay Observer for NI • NI Building Regulations Advisory • NI Civil Service Pension Board Committee • Legal Services Oversight Commissioner • NI Statistics Advisory Committee

Department for Infrastructure (DfI) REGULATED UNREGULATED • Belfast Harbour Commissioners • Drainage Council for Northern Ireland

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• Londonderry Port and Harbour Commissioners • NI Transport Holding Company • NI Water • Warrenpoint Harbour Authority

Department of Health (DoH) REGULATED UNREGULATED • Business Services Organisation • Health and Social Care Pension • Health and Social Care Board Board • Health and Social Care Trusts • Pharmaceutical Society − Belfast HSC Trust − Western HSC Trust − Southern HSC Trust − Northern HSC Trust − South Eastern HSC Trust − NI Ambulance Service Trust • NI Blood Transfusion Service • NI Fire and Rescue Service • NI Guardian Ad Litem Agency • NI Medical and Dental Training Agency • NI Practice and Education Council for Nursing and Midwifery • NI Social Care Council • Patient and Client Council • Public Health Agency • Regulation and Quality Improvement Authority • Safeguarding Board for NI

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Department of Justice (DOJ) REGULATED UNREGULATED • Criminal Justice Inspection NI • Independent Monitoring Boards • NI Policing Board • Parole Commissioners • NI Police Fund • Prisoner Ombudsman for NI • Office of the Police Ombudsman for NI • Probation Board NI • Royal Ulster Constabulary George Cross Foundation • Police Rehabilitation and Retraining Trust • NI Law Commission • Advisory Committee on Justices of the Peace • Independent Assessor of Police Service of Northern Ireland Recruitment Vetting

The Executive Office REGULATED UNREGULATED • Commissioner for Children and • Attorney General for NI Young People • Commissioner for Public • Commissioner for Older People Appointments • Commission for Victims and • Inquiry into Historical Institutional Survivors for NI Abuse • Ilex Urban Regeneration Company • NI Community Relations Council Ltd • Victims and Survivors Service • Maze/Long Kesh Development Corporation

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• NI Judicial Appointments Commission • Office of the Police Ombudsman for NI • Strategic Investment Board Limited

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ANNEXE II

CPA NI Operating Plan 1st April 2017 to 31st March 2018

KEY TARGET MEASURES ACTIONS CPA Code of Practice To prescribe and publish, The effective maintenance, Monitor the implementation and update as necessary, development and promotion of the Code in recruitment a Code of Practice on the of the Code of Practice and processes. interpretation and associated guidance. application by Liaise closely with Departments of the Department Public principle of selection on Appointment Units and merit for public recruitment practitioners appointments. including Independent Assessors.

Amend Code and produce guidance as necessary. Audit and Compliance Monitoring To conduct audits to A CPA NI programme of audit, Develop a risk based audit review the policies, and a compliance monitoring selection process with an practices and actions of regime, designed to ensure emphasis on diversity risk. Departments in making that appointment processes public appointments. are carried out effectively, Carry out an audit fairly, openly, efficiently and programme based on the To conduct regular proportionately and in line diversity risk analysis. compliance checks on with the Commissioner’s Code. documentation and Report on findings, produce processes used and issued recommendations and by Departments, including publish. Advertisements and Press Releases. Carry out diversity spot checks on competitions that are considered high risk.

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KEY TARGET MEASURES ACTIONS Monitor Advertisements, Press Releases and other documents as necessary. Complaints To conduct effective The establishment, Investigate and report on inquires into Department maintenance, publication and complaints presented to CPA policies, practices and implementation of an effective NI. actions on any public and objective complaints appointment process. system. Follow up necessary action with Departments. Annual Report To publish an annual The provision of a Collate relevant information report. comprehensive annual report for the year and publish which serves the requirements annual report. of the internal and external stakeholders of CPA NI, Provide FM/dFM with an including the political and advance copy of report. administrative systems of Government and the general Present report to NI public. Assembly. Advice and Guidance To provide advice and The provision of prompt and Provide regular updates, guidance in the conduct high quality responses to advice, guidance and training of effective and fair public queries on the Code and its to Independent Assessors, appointment procedures application, from panel chairs, Departmental that are compliant with Independent Assessors and representatives and other the Code. other relevant parties. relevant parties.

Provide advice to Departments and others on the pursuit of diversity within public appointments.

Provide an “open door” for queries from all sources.

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KEY TARGET MEASURES ACTIONS Maintain a system for handling, managing and recording all queries. Independent Assessors To manage, train, The effective management of a Manage, train, allocate and allocate, and monitor a trained, competent and monitor a team of pool of suitably trained experienced team of Independent Assessors. individuals that Independent Assessors who Departments use to meet provide an effective and Provide training and advice the policy requirement of efficient service in all public to enable Independent independent assessment appointment recruitment Assessors to play a role as in the public appointment processes. diversity champions within process. the appointments process.

These Assessors are Provide all necessary forms independent of of support and guidance to Government and the Independent Assessors. Commissioner. Implement effective administrative procedures and records with regard to the management of the Assessors. Budget In co-operation with Adherence to all financial and Implement effective, efficient OFMDFM NSMC Joint budget guidance issued by and accurate processes of Secretariat, to establish, OFMDFM, and successful budgetary and financial implement and monitor management of the budgetary management. the CPA NI budgetary and financial processes set out process and financial in the Financial Memorandum Process payments, in a timely regime. and other relevant documents. and accountable manner, using Account NI.

Ensure that all procurement is compliant with the regulations stipulated by OFMDFM sponsor branch.

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KEY TARGET MEASURES ACTIONS

Ensure that the necessary resources are secured to meet the full requirements of CPA NI and its customers, allowing for levels of complaints, issues arising from audit and compliance work, ad hoc legal advice and research requirements. Liaison with stakeholders To raise the profile of CPA An increased awareness, by all Maintain strong working links NI and its functions, internal and external with Ministers, SPAds and within and without the stakeholders, of public MLAs. political and appointment opportunities administrative systems of and of a fair and open merit- Government, in order to: based recruitment process. Maintain strong working links − promote public with senior Civil Service and appointment Promotion of the NI Executive Department contacts, and opportunities to a gender targets for other bodies eg NI public wide field of potential appointment of members and sector Chairs Forum, Institute candidates; Chairs of public boards. of Directors, Women’s − promote diversity in groups, Professional and public appointments Business networks. in particular to promote the Executive Continue to work in targets for gender partnership with equality at Board Departments on the member and Board promotion and development chair levels. of public appointments. − increase public confidence in the Continue proactive outreach fairness and openness programme that includes the of the public provision of workshops to appointments system; help candidates understand − ensure that the public and prepare for the is aware of the application process, that

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KEY TARGET MEASURES ACTIONS independent functions informs and includes such provided by CPA NI groups as women, young and of the right to people, people with a avail of the CPA NI disability, ethnic minorities complaints procedure. and people from a wider business, industry and third sector background; by this means help to tackle the problems of under- representation faced by Departments in achieving greater strength through diversity on boards, problems illustrated by the diversity figures in the ‘OFMDFM Public Bodies & Public Appointments Annual Report’.

Monitor the progress made on recommendations from the Commissioner’s January 2014 Diversity Report; monitor the progress against the Executive gender equality targets.

Continue a training programme with input from Departments on the Public Appointments application process for external stakeholders.

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KEY TARGET MEASURES ACTIONS Develop a strategy for promoting the NI Executive gender equality targets. Administrative Support To plan and co-ordinate The provision of an efficient Regularly monitor progress in the work of the and effective service to the line with each business plan Commissioner’s office to Commissioner and all key target, measure and meet the Business Plan stakeholders. action. targets in the most effective, efficient and Fulfil the requirements of the value-for-money manner. sponsor branch as set out in the Memorandum of Understanding and other relevant documents.

Manage the Commissioner’s diary.

Ensure that all Personal Performance Agreements are up to date and in line with current procedures.

Ensure that all staff are provided with appropriate training opportunities to help them fulfil their respective roles and meet their business objectives.

Address the ongoing absence of administrative support staff and resultant work pressures. Northern Ireland Executive Asset Management Strategy

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KEY TARGET MEASURES ACTIONS To provide a commitment A commitment to the This is to be reviewed to the objectives of the objectives of the Northern annually to determine any Northern Ireland Ireland Executive Asset action needed. Executive Asset Management Strategy. Management Strategy.

Information Management To ensure all information Manage information in Monitor information managed and stored by accordance with all relevant assurance procedures. CPA NI is in line with all legislation requirements and relevant policy. Departmental policies. Continue to implement data sharing arrangements with all Departments.

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ANNEXE III

STATEMENT OF EXPENDITURE

Whilst being independent of the Government and the Civil Service in the exercise of its statutory functions, CPA NI is part of the TEO financial and resource management arrangements. The Commissioner, as a statutory post holder described as ‘Senior Accountable Officer’, has a duty to ensure that all resources are used economically, efficiently and effectively. All expenditure and procurement by CPA NI is routinely monitored and is in line with TEO guidance and requirements.

CPA NI Costs 2016/2017

Rent £12,090 Maintenance £7,773 Independent Assessor Training £5,033 Independent Assessor Recruitment £4,443 Cleaning £4,066 Energy Costs £3,538 Contingencies £1,982 Computers/IT/Phones £895 Travel and Subsistence £640 Other Premises Costs £541 Third Party Research £450 Subscriptions £335 Annual Report £220 Hospitality £147

TOTAL £42,153

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The Statement of Expenditure above does not include remuneration which is as follows:

The Commissioner is contracted to commit 75 days per year to her post and receives remuneration of £23,877. The seconded officers who make up the Commissioner’s staff are remunerated at their respective Civil Service rates.

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ANNEXE IV

List of events attended by the Commissioner and the Business and Policy Manager.

• Ambassadors Forum • Meeting with a delegation of members of the Armenian National Assembly • Balmoral Show • CIPFA Annual Governance and Accountability Conference • Departmental Contact Seminar • DfC Committee • Institute of Directors Annual Dinner • Institute of Directors Developing Committee • Law Society Seminar • Northern Ireland rural Women’s Network Event • Ombudsman Association AGM • Ombudsman Association Casework Group • Public Appointments Workshops • TEO Committee • Victims and Survivors Service Seminar • Women’s Leadership initiative • Women's Entrepreneurship Day • Young People on Boards Graduation event

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2

CONTENTS

ABOUT History 2 At a glance 5

MESSAGES Chair’s Message 7

REPORTS Executive Directors Report 8 2016 – 2017 Events Programme 10 2016 – 2017 Corporate Meetings 11

FINANCE* Directors’ Report and Financial Statements 12 Independent Auditors’ Report 14 Profit and Loss Account 16 Balance Sheet 17 Notes to Financial Statements 18

APPENDICIES 1. Acknowledgements 20 2. Business Committee 23 3. Audit and Risk Committee 24 4. Women’s Chief Executive Group 25 5. Members and Authorities epresentedR 26 *Extracts only from financial statements. 6. Support Staff 29 If you require full financial statements please contact the Executive Director. Annual Report 2016-17 3 HISTORY

The Chief Executives’ Forum covers the region of Northern Ireland. It is an umbrella body for the Chief Executives and senior staff of public sector bodies in Northern Ireland, covering the civil service and its executive agencies, local government and non-departmental public bodies. In total it has currently some 92 organisations in membership and more than 292 individual and associate members. A key purpose of the Forum is to facilitate interaction and cooperation across the full range of bodies in the public sector An unincorporated fringe body of, first, the Department of Finance and Personnel and from 1998 the Office of the First Minister and Deputy First Minister, the Forum was relaunched and incorporated in 2003 as a not-for-profit, public interest company limited by guarantee. The Forum has delivered 25 years of support to its members and the wider public sector through programmes of events, training and selective research projects alongside wide-ranging networking initiatives. Over this time scale the Forum has refined its business model in response to the needs of its members and to reflect the changing challenges of the work of the public sector.

Annual Report 2016-17 4 Our Vision The Forum’s vision is to be recognised for the contribution it can make in building a better future for the people of Northern Ireland where the public, private and voluntary sectors work together successfully. As a forum for Chief Executive Officers (CEOs) and other key decision makers, our collective challenge is to apply the values of public service to the new age in which we live.

Our Aim The overall aim of the Chief Executives’ Forum is

‘to contribute to building a better future for all in Northern Ireland’

We do this by:

 encouraging, facilitating and promoting good practice with respect to the management and delivery of public services.  providing for the ongoing association of the Chief Executive Officers of government departments, local authorities, statutory agencies and other public authorities and statutory officials based in and or operating in Northern Ireland;

 being constituted as an interagency forum within which Chief Executive Officers, other key officials and decision-makers can explore, develop and support new ideas and ways of delivering public services;

 facilitating and providing for the discussion of public policy issues and encouraging fresh thinking and innovation in the management and delivery of public service;

 commissioning research into and study of matters relating to the funding, organisation, management, operation and delivery of public services;

 encouraging, facilitating and supporting effective communication, collaboration andjoint working between public bodies to improve and develop public service delivery mechanisms;

 encouraging, promoting, supporting and otherwise providing for the development of those in senior executive and non-executive positions who lead and direct the work ofpublic authorities;

 bringing together and co-ordinating the efforts of groups, organisations, companies and individuals concerned or interested in the attainment of the Chief Executives’ Forum.

Annual Report 2016-17 5 Our Values

Our values describe the spirit of how we do business; they define our core belief and culture. They are underpinned by:

 those of the public sector generally as described by the Nolan Principles; (Appendix 1)

 a can do attitude and approach;

 a focus on the needs and interests of our members and ultimately, the citizens they serve;

 the principle of an effective, efficient and collaborative public service focused onand accountable to the people of Northern Ireland;

 the demonstration of good corporate governance with clear systems of direction, operation and control.

Annual Report 2016-17 6 at a glance...

Event Themes 2016-2017 REFORM 11 WELL-BEING 1 LEADERSHIP 12 GOVERNANCE 21 £177,115.00 £194,388.00 £202,991.00 £254,811.00 2013-14 2014-15 2015-16 FINANCE/ECONOMIC 3 2016-17 SKILLS 4 Turnover OTHER 4

56 208 Followers since October 53 2015, follow us @chiefexecforum 43 35

2013-14 2014-15 2015-16 2016-17 EVENTS ORGANISED 292 Associate Members

1559 1375* 92 Full Members 1252

998

2013-14 2014-15 2015-16 2016-17 Total Attendees * Did not sponsor IoD Womens Conference

Annual Report 2016-17 7

277 Alumnae

14 Annual Womens Leadership Programmes

25 attendees average per event 1 Chair 33 external partners

13 Board members

creating value for our members

9 11 3 Staff 5 2 175 Chief Executives 26 and Accounting Officers 48 attended events over year

Membership categories

Annual Report 2016-17 8 CHAIR’S MESSAGE - “Stronger Together”

This past year has been a challenging one for those The work of the Forum is directed by a small but leading public services in Northern Ireland. Political dedicated number of people. I am grateful to my developments locally, in the UK, Europe and further colleagues on the Board, as well as the Business, afield have all affected how services are planned and Audit and Risk Committees for their continuing and delivered. Such times of uncertainty point to commitment. This year saw one change to the an even greater need for collaboration and mutual Forum Board with Will Kerr resigning to take up a support amongst senior officials as we seek to fulfil senior position with the National Crime Agency in competing demands within the population we serve. England. Will’s practical support and sound advice The Forum remains committed to playing its part in was greatly appreciated and, on behalf of the Board, assisting members to make the connections and to I wish him every success in his new role. As Chair, help each other. I have been ably supported by David Cartmill the Forum’s Executive Director, Business Manager, th Last year marked the 25 anniversary of the Chief Renée Quinn and Administrative Officer, Lynsay Executives’ Forum. Since its inception the Forum Craig. The knowledge and enthusiasm of this small has sought to catalyse synergy across the public team seconded to the Forum augurs well for the sector to inform policy and shape services. This year, delivery of our key aims. requirements to achieve greater efficiencies, amidst political uncertainty, placed a particular demand Finally I would again express my thanks to the many for innovative responses from our membership. partner organisations who contribute to the Forum’s Interaction between public sector leaders remains work. As a public sector membership organisation imperative and the Forum’s intent remains in line it is essential that we provide for engagement with its core role to assist Chief Executives and their with and learning from the business, professional, senior teams to navigate towards better outcomes. voluntary and academic communities in bringing about positive change for the citizens of Northern During the year the Forum again expanded its Ireland. programme of events under the direction of its Business Committee. New alliances forged with I look forward to your continued support and commercial and professional bodies have permitted involvement. us to widen access to our events and to complement those arranged with long standing partners. The continued demand for Public Accountability and Governance training reflects the attention paid to attaining high standards of stewardship within both government and arms-length institutions. We are grateful for the continuing input supplied to new course providers CIPFA by the Department of Stephen Peover Finance and the NI Audit Office. October 2017

Annual Report 2016-17 9 EXECUTIVE DIRECTOR’S REPORT

We have this year seen significant changes to Financially, the Forum is not immune to the the political landscape in which we operate. effects of reductions in public sector funding. The result of the EU referendum in June has A concerted effort to reduce costs and increase enormous implications for the future provision income over the year has reduced substantially of public services here and, amidst preparation the losses incurred last year. Despite this, the for the outcomes of the referendum decision, Forum failed to meet its costs entirely and this the suspension of the NI Executive in January year’s accounts record a small loss of £6,134. removed local political direction for these and Reserves in place are more than adequate to other strategic issues. As public service leaders cover this shortfall and the Forum continues adapt to these challenging circumstances, the to operate as a fully viable going concern. The Forum has sought to design and expand its vast majority of income received by the Forum provision accordingly. We remain committed is from membership subscriptions and we are to assisting policy makers and service deliverers ever conscious of financial pressure borne by to bring about effective change in response to members. We remain committed to responding needs. to members’ needs, contributing to the issues faced and providing a tangible return from what This year’s programme continued to focus we do. The Forum would not exist without your on public service reform and the draft cooperation and involvement. Programme for Government (PfG). The ethos of collaboration, specified in the PfG, The Forum places particular importance has underpinned the Forum’s work over on working with external bodies. This is many years. An Integrated approach which demonstrated by the list of events provided traverses traditional boundaries is an essential in partnership with business organisations, requirement to optimise the outcomes sought professional bodies and academic institutions. in the programme. The identification of We emphasise the need to exchange knowledge new funding opportunities and realisation between the public sector and other fields and of efficiencies through the utilisation ofnew continue to pursue sharing of best practice. technologies featured strongly, as did means to External support remains essential for the protect systems’ vulnerability to “cyber-crime”. Forum to provide access to speakers who are The softer skills associated with culture change, leaders in their fields. We are indebted to people management and personal resilience the companies and organisations listed in the also proved popular topics as Chief Executives acknowledgements section for their support. face demands associated with reducing staff The role of the Forum has flourished in no numbers and organisational restructuring. small part due to relationships established with external partners.

Annual Report 2016-17 10

There are also some individuals and direction and oversee our activities and record organisations that we draw on year on year, my gratitude to the Chair for his close personal who deserve special thanks. The Department of involvement and advice. Thanks also to our Finance continues to provide accommodation small and dedicated secretariat team, Renée for the Forum and, together with the Northern Quinn and Lynsay Craig who work tirelessly Ireland Audit Office, makes input to the Public behind the scenes to make things happen. Accountability and Governance courses we organise. Shirley McCaughey and Pat Brand continue to lead the Forum’s highly successful “Women’s Leadership Initiative” which maintains prominence amidst ongoing endeavours to attain greater diversity at senior level in the public sector. David Cartmill Finally, I am indebted to the Board and Executive Director Committee members who set the strategic October 2017

Annual Report 2016-17 11 EVENTS PROGRAMME 2016-17

2016 13-15 April Women’s Leadership 8 September Making the Sound Bite Count Programme – Module One Seminar 20 April Bespoke Public Accountability 14 September Public Accountability and and Governance - Consumer Governance - Audit & Risk Council Committees 21 April Collaboration Conundrum 15 September Public Accountability 27 April Innovative Capital Financing and Governance - Senior Managers 10 May The Big Regional Debate 21 September Consequences of Brexit 18 May Joining the Dots Referendum 25 May Charity Law Essentials for 22 September EU Referendum – Informing Public Sector Bodies the Northern Ireland position 31 May Connecting HR and Finance 22 September Women’s Leadership Metrics Programme – Module Three 23 September Permanent Secretaries 1 June Connecting HR and Finance Facilitated Discussion Metrics 2 June Culture Change – Merging 5 October Offending Behaviour amongst Organisations Young People in Northern 9 June Programme for Government Ireland Seminar 12 October Behind the Headlines 13 June Bespoke Public Accountability – Trends in Educational and Governance - Libraries NI Qualifications 14 June Public Accountability and 19 October Social Return on Investment Governance - Middle Managers (1) 2 November Annual General Meeting and 14 June Public Accountability and Lecture Governance - Middle 18 November Women’s Leadership Managers (2) Programme – Theme Day 14 June Women’s Leadership 23 November Public Accountability and Programme – Module Two Governance - Board Members 15 June Public Accountability and 24 November Annual Governance Governance - Accounting Conference Officers 24 November Public Accountability and 16 June Public Accountability and Governance - Accounting Governance - Board Members Officers 27 June Mindfulness 30 November Education and Skills

4 July Governance Response 1 December NIAO Good Practice Guide - Boardroom Management 31 August Bespoke Public Accountability 8 December Consuming Adversity – and Governance - Leading Teams Department for Communities 9 December Consuming Adversity – ALBs Leading Teams

Annual Report 2016-17 12 16 December SOLACE and Permanent 1 March Programme for Government - Secretaries Discussion What does it really change? 7 March Public Accountability and 2017 Governance - Accounting 9 January Whole Systems Working – Officers What are the Opportunities in 8 March Public Accountability Northern Ireland Now? and Governance - Senior 23 January A Commercial Approach to Managers Public Sector Procurement 9 March Public Accountability and 23 January Public Accountability and Governance - Audit & Risk Governance - Board Members Committees 24 January A Commercial Approach to 14 March Off Payroll Working in the Public Sector Procurement Public Sector 25-27 January Women’s Leadership 14 March Off Payroll Working in Programme – Module Four the Public Sector – Local Government 1 February Exploring the Brexit 28 March Inspiring yourself and other Landscape People – Leadership Lessons 15 February Programme for Government - using NLP What does it really change? 30 March Bespoke Public Accountability 22 February Poverty of Aspiration and Governance - Comhairle na Gaelscolaíochta

CORPORATE MEETINGS

2016 23 June Business Committee 8 September Audit & Risk Committee 22 September Business Committee 22 September Board 2 November Annual General Meeting 8 December Business Committee

2017 9 March Audit & Risk Committee 30 March Board 30 March Business Committee

Annual Report 2016-17 13 DIRECTORS’ REPORT FOR THE YEAR ENDED 31 MARCH 2017

The directors present their annual report and financial statements for the year ended 31 March 2017.

Principal activities The principal activity of the company is providing networking opportunities to the Chief Executives in the form of training, seminars, conferences and briefings.

Directors The directors who held office during the year and up to the date of signature of the financial statements were as follows: Mr Hugh McCaughey Ms Roisin McDonough Mr Stephen Peover Ms Frances McCandless Mr Iain Greenway Mr David Sterling Mr Peter May Mr Will Kerr (Resigned 23 December 2016) Dr Evelyn Collins CBE Ms Suzanne Wylie Mr Clark Bailie Mr Gavin Boyd Dr Theresa Donaldson Mr Brett Hannam (Appointed 22 September 2016) Mr William McIvor (Appointed 22 June 2016)

Auditor Following the merger between RSM Northern Ireland and the RSM UK Group in January 2017, RSM UK Audit LLP became the Company’s auditors in accordance with Section 1216 of the Companies Act 2006. The auditor, RSM UK Audit LLP, is deemed to be reappointed under section 487(2) of the Companies Act 2006.

Statement of directors’ responsibilities The directors are responsible for preparing the annual report and the financial statements in accordance with applicable law and regulations.

Company law requires the directors to prepare financial statements for each financial year. Under that law the directors have elected to prepare the financial statements in accordance with United Kingdom Generally Accepted Accounting Practice (United Kingdom Accounting Standards and applicable law). Under company law the directors must not approve the financial statements unless they are satisfied that they give a true and fair view of the state of affairs of the company and of the profit or loss of the company for that period. In preparing these financial statements, the directors are required to:

• select suitable accounting policies and then apply them consistently; • make judgements and accounting estimates that are reasonable and prudent; • prepare the financial statements on the going concern basis unless it is inappropriate to presume that • the company will continue in business.

Annual Report 2016-17 14

The directors are responsible for keeping adequate accounting records that are sufficient to show and explain the company’s transactions and disclose with reasonable accuracy at any time the financial position of the company and enable them to ensure that the financial statements comply with the Companies Act 2006. They are also responsible for safeguarding the assets of the company and hence for taking reasonable steps for the prevention and detection of fraud and other irregularities.

Statement of disclosure to auditor So far as the directors are aware, there is no relevant audit information of which the company’s auditor are unaware. Additionally, the directors have taken all the necessary steps that they ought to have taken as directors in order to make themselves aware of all relevant audit information and to establish that the company’s auditor are aware of that information.

Correction to Articles of Association An anomaly within the Forum Articles of Association (2003), relating to payments received by Forum Chairpersons, was identified during the annual audit and has been addressed by the Board. Forum Auditors, RSM UK Audit LLP, have advised that all such payments have been properly accounted for in the annual financial statements of the Forum. The Board determined that the omission be acknowledged in the directors’ report and rectified immediately. Resolutions will be submitted to the 2017 AGM to revise the Articles of Association accordingly and to ratify and approve payments previously made to the Chairpersons of the Company.

This report has been prepared in accordance with the provisions applicable to companies entitled to the smallcompanies exemption.

On behalf of the board

Mr Stephen Peover Director 19 October 2017

Annual Report 2016-17 15 INDEPENDENT AUDITOR’S REPORT

Opinion on financial statements We have audited the financial statements of Chief Executives’ Forum for the year ended 31 March 2017 set out on pages 5 to 13. The financial reporting framework that has been applied in their preparation is applicable law and United Kingdom Accounting Standards (United Kingdom Generally Accepted Accounting Practice), including FRS 102 “The Financial Reporting Standard applicable in the UK and ”. In our opinion the financial statements:

• give a true and fair view of the state of the company’s affairs as at 31 March 2017 and of its loss for the year then ended; • have been properly prepared in accordance with United Kingdom Generally Accepted Accounting Practice; and • have been prepared in accordance with the requirements of the Companies Act 2006.

Scope of the audit of the financial statements A description of the scope of an audit of financial statements is provided on the Financial Reporting Council’s website at www.frc.org.uk/auditscopeukprivate.

Opinion on other matters prescribed by the Companies Act 2006 In our opinion the information given in the Directors’ Report for the financial year for which the financial statements are prepared is consistent with the financial statements and, based on the work undertaken in the course of our audit, the Directors’ Report has been prepared in accordance with applicable legal requirements.

Matters on which we are required to report by exception In the light of the knowledge and understanding of the company and its environment obtained in the course of the audit, we have not identified material misstatements in the Directors’ Report.

We have nothing to report in respect of the following matters where the Companies Act 2006 requires us to report to you if, in our opinion:

• adequate accounting records have not been kept, or returns adequate for our audit have not been received from branches not visited by us; or • the financial statements are not in agreement with the accounting records and returns; or • certain disclosures of directors’ remuneration specified by law are not made; or • we have not received all the information and explanations we require for our audit; or • the directors were not entitled to prepare the financial statements in accordance with the small companies regime and take advantage of the small companies’ exemption in preparing the Directors’ Report and take advantage of the small companies exemption from the requirement to prepare a Strategic Report.

Respective responsibilities of directors and auditor As more fully explained in the Directors’ Responsibilities Statement set out on pages 1 - 2, the directors are responsible for the preparation of the financial statements and for being satisfied that they give a true and fair view. Our responsibility is to audit and express an opinion on the financial statements in accordance with applicable law and International Standards on Auditing (UK and Ireland). Those standards require us to comply with the Auditing Practices Board’s (APB’s) Ethical Standards for Auditors.

Annual Report 2016-17 16

This report is made solely to the company’s members, as a body, in accordance with Chapter 3 of Part 16 of the Companies Act 2006. Our audit work has been undertaken so that we might state to the company’s members those matters we are required to state to them in an auditor’s report and for no other purpose. To the fullest extent permitted by law, we do not accept or assume responsibility to anyone other than the company and the company’s members as a body, for our audit work, for this report, or for the opinions we have formed.

D W Gray FCA (Senior Statutory Auditor) for and on behalf of RSM UK Audit LLP

19 October 2017

Chartered Accountants Statutory Auditor

Number One, Lanyon Quay Belfast N Ireland BT1 3LG

Annual Report 2016-17 17 PROFIT AND LOSS ACCOUNT FOR THE YEAR ENDED 31 MARCH 2017

2017 2016 Notes £ £ Turnover 254,811 202,992 Cost of sales (83,492) (49,642) Gross profit 171,319 153,350 Administrative expenses (177,476) (195,678) Operating loss (6,157) (42,328) Interest receivable and similar income 23 40 Loss before taxation (6,134) (42,288) Taxation - (967) Loss for the financial eary (6,134) (43,255)

Annual Report 2016-17 18 BALANCE SHEET FOR THE YEAR ENDED 31 MARCH 2017

2017 2016 £ £ £ £ Fixed assets Intangible assets 4,963 - Current assets Debtors 129,214 168,112 Cash at bank and in hand 246,515 89,536 375,729 257,648 Creditors: amounts falling due within one year (268,005) (138,827) Net current assets 107,724 118,821 Total assets less current liabilities 112,687 118,821 Reserves Profit and loss reserves 112,687 118,821

These financial statements have been prepared in accordance with the provisions applicable to companies subject to the small companies’ regime.

The financial statements were approved by the board of directors and authorised for issue on 19 October 2017 and are signed on its behalf by:

Mr Stephen Peover Director

Company Registration No. NI045809

Annual Report 2016-17 19 NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2017

1 Accounting policies

Company information Chief Executives’ Forum is a private company limited by guarantee incorporated in Northern Ireland. The registered office is Number One, Lanyon Quay, Belfast, N Ireland, BT1 3LG. The company’s business address is Clare House, 303 Airport Raod West, Belfast, BT3 9ED.

1.1 Accounting convention These financial statements have been prepared in accordance with FRS 102 “The Financial Reporting Standard applicable in the UK and Republic of Ireland” (“FRS 102”) and the requirements of the Companies Act 2006 as applicable to companies subject to the small companies regime. The disclosure requirements of section 1A of FRS 102 have been applied other than where additional disclosure is required to show a true and fair view.

The financial statements are prepared in sterling, which is the functional currency of the company. Monetary amounts in these financial statements are rounded to the nearest £.

The financial statements have been prepared under the historical cost convention. The principal accounting policies adopted are set out below.

These financial statements for the year ended 31 March 2017 are the first financial statements of Chief Executives’ Forum prepared in accordance with FRS 102, The Financial Reporting Standard applicable in the UK and Republic of Ireland. The date of transition to FRS 102 was 1 April 2015. The reported financial position and financial performance for the previous period are not affected by the transition to FRS 102.

1.2 Going concern The company incurred a loss of £6,134 during the year ended 31 March 2017 (2016 - loss of £43,255) and, as of that date, the company has a net current assets position of £112,687 (2016: £118,821). Increased income and reduced costs achieved during the year has maintained an adequate level of reserves. In addition, the company continues to operate within its banking facilities. On this basis, the Directors have prepared the accounts on a going concern basis.

1.3 Turnover Turnover is recognised at the fair value of the consideration received or receivable for services provided in the normal course of business, and is shown net of VAT and other sales related taxes.

When cash inflows are deferred and represent a financing arrangement, the fair value of the consideration is the present value of the future receipts. The difference between the fair value of the consideration and the nominal amount received is recognised as interest income.

1.4 Research and development expenditure Research expenditure is written off against profits in the year in which it is incurred. Identifiable development expenditure is capitalised to the extent that the technical, commercial and financial feasibility can be demonstrated.

Annual Report 2016-17 20

1.5 Intangible fixed assets other than goodwill Intangible assets acquired separately from a business are recognised at cost and are subsequently measured at cost less accumulated amortisation and accumulated impairment losses. Intangible assets acquired on business combinations are recognised separately from goodwill at the acquisition date if the fair value can be measured reliably.

Accounting policies Amortisation isecognised r so as to write off the cost of assets less their residual values over their useful lives on the following bases:

Development Costs 33.3% Straight Line

1.6 Tangible fixed assets Tangible fixed assets are initially measured at cost and subsequently measured at cost, net of depreciation and any impairment losses.

Depreciation is recognised so as to write off the cost of assets less their residual values over their useful lives on the following bases:

Fixtures, fittings & equipment 33.3% straight line

The gain or loss arising on the disposal of an asset is determined as the difference between the sale proceeds and the carrying value of the asset, and is credited or charged to profit or loss.

Annual Report 2016-17 21 Appendix 1 Acknowledgements

We are, as always, immensely grateful to the Forum’s members and the people in their organisations who contributed so generously of their time and in many other ways to what we do and what we strive to encourage: learning from others and each other; sharing expertise and experience; and working together to improve public services. We are particularly grateful to those individuals and organisations outside the ranks of the Forum for their contributions, help and support.

• Ian Acheson • MLA • Roger Acton • Ruth Feneesy • Peter Aiken • Louise Fisher • Rodney Allen • Martin Fleetwood • Paul Archer • Professor Yvonne Galligan • Des Armstrong • Professor Neil Gibson • Senator Ivana Bacik • MLA • Professor Joan Ballantine • Paul Gillen • Gavin Boyd • Julia Goldsworthy • Paula Bradshaw MLA • Kevin Gormley • Patricia Brand • Clare Hanna MLA • Siobhan Broderick • Fergus Heffernan • Linda Brown • Mary Higgins • Alison Caldwell • Lesley Hogg • Ursula Ni Choill • Colin Holmes • Julie-Anne Clarke • Evelyn Hoy • Dr Evelyn Collins • Jenny Irwin • Kay Collins • Jill Jackson • Alan Dickson • Sandra Janoff • Dr Theresa Donaldson • Caroline Jones • Kieran Donnelly • Martina Jordan • Peter Doran • Julie-Ann Jordan • Michael Dunlop • Michael Kane • Jacqui Durkin • Roisin Kelly • Justin dwardsE • Lisa Keys

Annual Report 2016-17 22 • Irene Knox • Dr Marian O’Sullivan • Donal Laverty • Maria Pattinson • Noel Lavery • Mike Philpott • Judena Leslie • Jenny Pyper • Noirin MacNamara • Bridgeen Rea • Damien Maddalena • MLA • Roisin Marshall • Phil Sampson • Dr Gary Martin • Michael Scoffield • Peter May • Grace Scott • Seamus McAleavey • Andrew Sentence • Sue McAllister • Jason Shirlow • Frances McCandless • Aidan Smith • Shirley McCaughey • David Sterling • Sheila McClelland • Joanne Stuart • Malachy McDaid • Diane Taylor • Roisin McDonough • Paul Terrington • Stephen McGarry • Kathryn Thompson • Aideen McGinley • Mary-Rose Tobin • Rebecca McGrath • Maureen Walkingshaw • Gina McIntyre • Dr Tony Wall • Sean McKay • Louise Warde-Hunter • Nicola Millard • David Watters • Maeve Monaghan • Iain Webster • Michael Moore • Heather Wells • Heather Moorhead • Brian Whalley • Máirtín Ó Muilleoir MLA • Heather White • Steve Mungavin • Gareth Rhys Williams • Paul Murnaghan • John Woods • Baroness Julia Neuberger • Suzanne Wylie • Peter Norriss • William Young • Colm O’Neill • Chartered Institute of Public Finance and Accountancy • Sharon O’Connor • Chartered Institute of Management • Quintin Oliver Accountants • Dr Tara O’Neill Annual Report 2016-17 23 • Institute of Public Administration • The Office of the venueRe Commissioners, Ireland • Association of Chief Executives of State Agencies • Commissioner for Public Appointments for Northern Ireland • Northern Ireland Assembly • Arts Council of Northern Ireland • Council for the Curriculum, Examinations and Assessment • Equality Commission for Northern Ireland • Northern Ireland Local Government Association • Charity Commission for Northern Ireland • Queen’s University Belfast • RSM UK Audit LLP • Theatre & Beyond • PACEC Ltd • BT • Pacemaker Press International Ltd • Northern Ireland Confederation for Health and • Public Accountability Training Ltd Social Care • OR Training & Personal Development Ltd • HSC Leadership Centre • Goldblatt McGuigan • Londonderry Chamber of Commerce • Immeasurable Minds • Lisburn & Castlereagh City Council • SOLACE NI • Chartered Institute of Personnel and • Gauge NI Development • NI Audit Office • Central Procurement Directorate • Centre for the Advancement of Women in • Institute of Directors Politics • Department of Finance • PwC • Chairs’ Forum • Women’s Network, NI Civil Service • Grafxpress • Consensus NI Restorative Solutions • NOW Group • Stratagem • Sampson Hall •

Annual Report 2016-17 24 Appendix 2 Business Committee - As at 31 March 2017

STEPHEN PEOVER HUGH McCAUGHEY Chair Chief Executive South Eastern Health and Social Care Trust CLARKE BAILIE Chief Executive ROISÍN McDONOUGH Northern Ireland Housing Executive Chief Executive Arts Council of Northern Ireland GAVIN BOYD Chief Executive DAVID STERLING Education Authority Permanent Secretary Department of Finance DR EVELYN COLLINS CBE Chief Executive SUZANNE WYLIE Equality Commission for Northern Ireland Chief Executive Belfast City Council DR THERESA DONALDSON Chief Executive LIAM MCIVOR Lisburn & Castlereagh City Council Chief Executive Business Services Organisation IAIN GREENWAY Director BRETT HANNAM Department of the Environment Chief Executive Strategic Investment Board PETER MAY Permanent Secretary KIERAN DONNELLY Department for Infrastructure Comptroller & Auditor General

FRANCES McCANDLESS Chief Executive Charity Commission for Northern Ireland

Annual Report 2016-17 25 APPENDIX 3 Audit and Risk Assurance Committee - As at 31 March 2017

DAVID STERLING Chair Permanent Secretary, Department of Finance

PETER MAY Permanent Secretary Department for Infrastructure

LIAM MCIVOR Chief Executive Business Services Organisation

*PAUL DUFFY Chief Executive Driver & Vehicle Agency NI

*Denotes Independent Member

Annual Report 2016-17 26 Appendix 4 Women’s Chief Executive Group - As at 31 March 2017

ROISÍN McDONOUGH DR THERESA DONALDSON Chair Chief Executive Chief Executive, Arts Council of Northern Lisburn & Castlereagh City Council Ireland HEATHER MOORHEAD DR EVELYN COLLINS CBE Executive Director Chief Executive Northern Ireland Confederation for Health Equality Commission for Northern Ireland and Social Care

FRANCES McCANDLESS Chief Executive Charity Commission for Northern Ireland

Annual Report 2016-17 27 APPENDIX 5 MEMBERS & AUTHORITIES REPRESENTED - AS AT 31 MARCH 2017

Agri-food and Biosciences Institute Judith Thompson Mary Jackson NI Community Relations Council Jacqueline Irwin Antrim and Borough Council Jacqui Dixon The Consumer Council for Northern Ireland John French Ards and North Down Borough Council Stephen Reid Council for Catholic Maintained Schools Jim Clarke Armagh City, Banbridge & Craigavon Borough Council Council for the Curriculum, Examinations and Roger Wilson Assessment Justin Edwards Arts Council of Northern Ireland Róisín McDonough Criminal Justice Inspection Northern Ireland Brendan McGuigan Belfast City Council Suzanne Wylie Department for Infrastructure Peter May Belfast Health and Social Care Trust Dr Michael McBride Department of Agriculture, Environment and Rural Affairs Big Lottery Fund Noel Lavery Dawn Austwick Department of Education British Council Paul Sweeney Sir Ciaran Devane Department for the Economy Business Services Organisation Dr Andrew McCormick Liam McIvor Department of Finance Causeway Coast and Glens Borough Council David Sterling David Jackson Department of Health Charity Commission for Northern Ireland Richard Pengelly Frances McCandless Department of Justice CITB – Construction Skills Northern Ireland Nick Perry Barry Neilson Derry City & District Council Colleges Northern Ireland John Kelpie Gerard Campbell Driver Vehicle Agency Comhairle na Gaelscolaíochta Paul Duffy Michaél Ó Duibh Education Authority Commission for Victims & Survivors Gavin Boyd

Annual Report 2016-17 28

Equality Commission for Northern Ireland Mid & East Antrim Borough Council Dr Evelyn Collins CBE Anne Donaghy

Fermanagh & District Council Mid Ulster District Council Brendan Hegarty Anthony Tohill

Food Standards Agency in Northern Ireland National Museums Northern Ireland Maria Jennings Kathryn Thomson

Forensic Science Northern Ireland Newry, Mourne and Down District Council Stan Brown Liam Hannaway

Forest Service NI Co-Operation Overseas Malcolm Beatty Graeme McCammon

General Teaching Council for Northern Ireland Northern Ireland Assembly Barry Jordan Lesley Hogg

Health and Safety Executive for Northern Ireland Northern Ireland Audit Office Keith Morrison Kieran Donnelly

Health and Social Care Board Northern Ireland Blood Transfusion Service Valerie Watts Paul Simpson

Heritage Lottery Fund Northern Ireland Northern Ireland Commissioner for Children and Paul Mullan Young People Koulla Yiasouma InterTradeIreland Thomas Hunter-McGowan Northern Ireland Co-Ownership Housing Association Ltd Invest Northern Ireland Mark Graham Alistair Hamilton Northern Ireland Council for Integrated Education Labour Relations Agency Róisín Marshall Tom Evans Northern Ireland Courts & Tribunals Service Northern Ireland Legal Services Commission Ronnie Armour Paul Andrews Northern Ireland Environment Agency Libraries NI David Small Irene Knox Northern Ireland Fishery Harbour Authority Lisburn & Castlereagh City Council Kevin Quigley Dr Theresa Donaldson Northern Ireland Guardian Ad Litem Agency Local Government Staff Commission for Northern Peter Reynolds Ireland Dr Adrian Kerr MBE Northern Ireland Housing Executive Clark Bailie Loughs Agency John Pollock Northern Ireland Judicial Appointments Commission Maze Long Kesh Development Corporation Mandy Kilpatrick Kyle Alexander Annual Report 2016-17 29 Northern Ireland Local Government Association Public Health Agency Derek McCallan Dr Eddie Rooney

Northern Ireland Local Government Officers’ Public Prosecution Service for Northern Ireland Superannuation Committee Barra McGrory QC David Murphy Queen’s Gender Initiative Northern Ireland Police Fund Professor Yvonne Galligan Ronnie Pedlow Regulation and Quality Improvement Authority Northern Ireland Practice and Education Council Dr David Stewart for Nursing and Midwifery Angela McLernon Rivers Agency David Porter Northern Ireland Prison Service Sue McAllister Social Security Agency Tommy O’Reilly Northern Ireland Science Park (Catalyst Inc) Dr Norman Apsley Special EU Programmes Body Gina McIntyre Northern Ireland Statistics & Research Agency Siobhan Carey Sport NI Maggie Smith Northern Ireland Transport Holding Company / Translink Strategic Investment Board Chris Conway Brett Hannam

Office of the Assembly Ombudsman for NI Tourism Northern Ireland and NI Commissioner for Complaints John McGrillen Marie Anderson Ulster Supported Employment Ltd The Executive Office Bill Atkinson Dr Malcolm McKibbin Ulster-Scots Agency Pharmaceutical Society of NI Ian Crozier Trevor Patterson Utility egulatorR Policing Board Jenny Pyper Amanda Stewart Victims and Survivors Service Police Ombudsman for Northern Ireland Margaret Bateson Dr Michael McGuire Visit Belfast Police Service of Northern Ireland Gerry Lennon George Hamilton Youth Justice Agency Probation Board for Northern Ireland Declan McGeown Cheryl Lamont

Annual Report 2016-17 30 APPENDIX 6 Support Staff - AS AT 31 MARCH 2017

Executive Director David Cartmill Business Manager Renée Quinn Executive Officer Lynsay Craig

Registered Office Number One Lanyon Quay Belfast BT1 3LG

Auditors RSM UK Audit LLP Number One Lanyon Quay Belfast BT1 3LG

Accountants GMcG Belfast Alfred House 19 Alfred Street Belfast BT2 8EQ

Banking Danske Bank Limited Donegall Square West Belfast BT1 6JS

Solicitors Cleaver Fulton Rankin 50 Bedford Street Belfast BT2 7FW

Business Address Clare House 303 Airport Road West Belfast BT3 9ED T: 02890 816440 E: [email protected] W: www.ceforum.org

Company Number NI045809

Annual Report 2016-17 Chief Executives’ Forum Clare House 303 Airport Road West Belfast BT3 9ED

T: 02890 816440 E: [email protected] W: www.ceforum.org

@chiefexecforum

Annual Report and Accounts 2016-17

LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

Labour Relations Agency Annual Report and Accounts for the Year Ended 31 March 2017

Laid before the Northern Ireland Assembly under Paragraph 15(5) and Paragraph 16(1) of Schedule 4 to the Industrial Relations (Northern Ireland) Order 1992 by the Department for the Economy 29 June 2017

Page 1 |

© Labour Relations Agency Copyright 2017

The text of this document (this excludes, where present, the Royal Arms and all departmental or agency logos) may be reproduced free of charge in any format or medium provided that it is reproduced accurately and not in a misleading context.

The material must be acknowledged as Labour Relations Agency copyright and the document title specified. Where third party material has been identified, permission from the respective copyright holder must be sought. Any enquiries related to this publication should be sent to us at [email protected]

This publication is also available at www.lra.org.uk

LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

CONTENTS

Page PERFORMANCE REPORT Chapter 1 Overview 1.1 Mission Statement, Equality Statement, Core Values 7 1.2 Chair’s Foreword 8 1.3 Chief Executive’s Overview 9 1.4 Key Corporate Risks 10 1.5 Advisory Services 13 1.6 Conciliation and Arbitration 19 1.7 Corporate Services 27

Chapter 2 Performance Analysis 2.1 The Corporate and Business Planning Process 31 2.2 Strategic Report 32 2.3 Operational Statistics 38

ACCOUNTABILITY REPORT Chapter 3 Corporate Governance Report 43

Chapter 4 Directors’ Report 4.1 Pen Portraits of Chair and Board Members 46 4.2 Accounting Officer Responsibilities 49 4.3 Governance Statement 2016-17 51 4.4 Remuneration and Staff Report 57 4.5 Assembly Accountability and Audit Report 65

FINANCE REPORT Financial Statements 67

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PERFORMANCE

REPORT

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Chapter 1

Overview

LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

1.1 MISSION STATEMENT, EQUALITY STATEMENT, CORE VALUES

Mission Statement To improve employment relations, promote best employment practice and resolve workplace disputes through the delivery of quality, impartial and independent services.

Equality Statement The Labour Relations Agency (the Agency), in line with our Equality Scheme as approved by the Equality Commission in May 2012, is fully committed to supporting the elimination of all forms of discrimination in employment and to using its services to help secure the objectives of fair employment, equal opportunity and good relations. The Agency is committed to ensuring equality of opportunity, recognising diversity, treating everyone fairly and without discrimination. As a provider of services the Agency includes equality of treatment as a fundamental principle of good employment relations and best employment practice. As an employer the Agency seeks to ensure that its employment policies, procedures and practices conform to good practice as outlined in relevant Codes of Practice. The Agency, by July of each year, ensures that all its commitments set out in the Equality Scheme have been adequately addressed and that all necessary equality monitoring returns have been completed and issued. The Agency’s Equality Scheme is available on the Agency’s website www.lra.org.uk.

Core Values In delivering services the Agency will:  be accessible;  respond to customer needs;  be open and accountable;  act promptly;  be professional;  behave with integrity;  maintain confidentiality;  respect diversity and opinions;  value, consult and involve staff;  demonstrate value for money.

Background Information The Agency is an executive Non-Departmental Public Body (NDPB) sponsored by the Department for the Economy (DfE) following the restructuring of Government Departments on 9 May 2016. Prior to this the Agency was sponsored by the Department for Employment and Learning (DEL). It was established in 1976 under the Industrial Relations (Northern Ireland) Order 1976 and continued by the Industrial Relations Order (Northern Ireland) 1992.

Principal Activities The Agency's principal activities are to assist employers, employees and their representatives to improve the conduct of their employment relations.

The Agency provides effective, impartial and confidential services to those engaged in industry, commerce and the public services in Northern Ireland, those services include:  advice and assistance on all aspects of employment relations and employment practices;  comprehensive conciliation, mediation and arbitration facilities for resolving both individual and collective matters.

The Headquarters of the Agency are located at 2-16 Gordon Street, Belfast BT1 2LG. The Agency also has a Regional Office located at 1-3 Guildhall Street, Londonderry BT48 6BB. Both offices are equipped to provide the full range of advisory and dispute resolution services to employers, employers’ associations, individual employees, trade unions and other organisations across Northern Ireland.

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1.2 CHAIR’S FOREWORD

2016-17 marked the 40th anniversary of the Labour Relations Agency and throughout this period the Agency has made a very significant and valued contribution to the wellbeing and sustainability of Northern Ireland’s labour market. I want to pay tribute to all the Board members and staff, past and present, who have played a key role in developing the Agency into the organisation that it is today – widely respected as Northern Ireland’s primary deliverer of expert and effective advisory and dispute resolution services. In partnership with our stakeholders the Agency has had an enduring role in shaping industrial relations in Northern Ireland and we will continue this important work of presenting Northern Ireland as a good place to do business.

The Agency’s anniversary was first recognised at our annual public meeting last October when Anne Sharpe, Chief Executive of Acas, our sister organisation in Great Britain, was our keynote speaker. The event was made even more special by the presence of Aidan Harkin, son of Brendan Harkin, the Agency’s first Chairman and Chief Executive. Aidan offered a poignant and insightful perspective on Brendan’s lifelong commitment to good industrial relations. This anniversary year has provided a unique opportunity to showcase the Agency’s work and will culminate in an event for stakeholders in June 2017 to initiate a consultation on our new Corporate Plan and to launch a new mobile App, developed in partnership with Belfast Metropolitan College. This App allows our customers to access information and guidance on employment relations matters, and some services, on tablets and smartphones. This is just the start of our digital journey and the Agency is already exploring other innovative ways to promote and deliver our services, and to reach out to new customers.

2016-17 should have heralded a significant change in the way in which our individual conciliation service is delivered. Early Conciliation, which is already in place in Great Britain, will require parties to consider the offer of the Agency’s dispute resolution services as an alternative to an employment tribunal. This new service is provided for in the Employment Act (Northern Ireland) 2016 and during the past year the Agency has consulted widely as part of our preparations for the introduction of Early Conciliation. However, we still await a Ministerial decision on a commencement date and understandably there has been a lot of frustration within the employment relations community about the delayed introduction of an initiative which enjoyed widespread political support during the successful passage of the governing legislation in 2016.

The financial challenges faced by the Agency in 2016-17 have limited our ability to take forward some development projects and we also had to put on hold a leadership development programme for staff. Looking forward to 2017-18 the Agency will have to absorb further in year reductions that are likely to be visited on all public bodies. This is against a backdrop of a continuing commitment to support the SME sector and an emerging demand from the public sector as it comes to terms with the challenges arising from macro restructuring. The Board and management of the Agency are grateful to our sponsor Department (DfE) for the support provided during the reporting period and will continue to work with the Department to explore ways to maximise our impact on the labour market.

It is also important that I thank our many stakeholders and delivery partners for their support in championing the work of the Agency. During the reporting period the Agency continued to facilitate the work of the Northern Ireland Employment Relations Roundtable, which is representative of all of the main employer organisations and trade union bodies. The Roundtable is about to launch a new Joint Declaration of Protection that will demonstrate the collective commitment of employers and trade unions to workplaces that are free from all forms of discrimination and harassment.

During the latter part of 2016-17 the Agency started to develop its new Corporate Plan in the context of the Executive’s draft Programme for Government and DfE’s Industrial Strategy. The Agency’s draft Corporate Plan has a particular focus on evidencing and promoting the social and economic benefits of good employment relations and the Board would appreciate any views/testimonies about the impact of its work.

Lastly, I am eternally grateful to the Agency’s Board and our staff for their commitment, work and many achievements throughout this reporting period, which are set out in this annual report.

Page 8 | Chapter 1 LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

1.3 CHIEF EXECUTIVE’S OVERVIEW

The Agency has had a challenging but very successful year with demand for some of our headline services continuing to increase against the backdrop of a pressurised budget position. The complexity of many of the calls to our Helpline has increased necessitating greater levels of intervention from our advisory teams. A number of our seminars have also been oversubscribed; there has been a 25% rise in the number of individual conciliation cases received and we have seen a 53% increase in the number of multiple disputes. This increased demand for our services is in itself a very positive endorsement of the Agency’s position within the labour market; however the additional workload has had to be absorbed with no additional resources.

The Agency has a statutory duty to promote the improvement of employment relations through the delivery of a range of advisory and dispute resolution services. We set challenging targets for each of our frontline services and it is pleasing that all critical service delivery targets were substantially exceeded in 2016-17; settlements were achieved in 85% of individual conciliation cases with only 7% of cases being heard by an employment tribunal; 82% of advisory cases were completed within three months of being commissioned; and 96% of employers reported they had amended their documentation/systems following assistance from the Agency. This level of performance could only be achieved through the commitment and collective endeavours of our excellent frontline staff at a time when resources are at a premium.

The Agency recognises the importance of being proactive in managing workplace stress and has developed a range of initiatives specifically focused on the health and wellbeing of staff. The Agency also takes very seriously its governance and accountability responsibilities and I am pleased to be able to report that we have achieved a satisfactory level of assurance from both our internal and external audit review processes. All of this could not have been achieved without the dedication of our Corporate Services team in supporting the Board and our staff. It is also important to acknowledge the very important contribution of our local trade union representatives in contributing to a very positive and constructive industrial relations culture.

I want to take this opportunity to thank all of our staff for their unstinting support and commitment and to also acknowledge the contribution of colleagues who retired during the reporting period.

The political and policy environment presented very particular challenges for the Agency in terms of the anticipated introduction of Early Conciliation. The Agency made significant progress in terms of being operationally ready to deliver this new service but now awaits a Ministerial decision to commence the relevant provisions of the 2016 Employment Act.

This has also been another very successful year in terms of stakeholder engagement and the implementation of a number of key initiatives in partnership with our delivery partner organisations. I want to take this opportunity to thank the many stakeholder organisations who have championed the work of the Agency during this reporting period and to also acknowledge the support and strategic direction provided by our Board.

In conclusion, this has been a very positive and successful year and 2017-18 will present a new set of challenges in aligning our business priorities to the Executive’s Programme for Government. What will not change is the Agency’s commitment to respond to the needs of the labour market in delivering high quality and responsive advisory and dispute resolution services.

Page 9 | Chapter 1 LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

1.4 KEY CORPORATE RISKS

The Board and Audit and Risk Assurance Committee (ARAC), on the basis of advice from the Accounting Officer, determines the Agency’s risk appetite. In matters of legal compliance and where public sector values such as accountability, fairness and openness may be impacted the Agency is deliberately risk averse and controls are maximised. In all other operational areas the Agency is willing to accept a degree of risk that is commensurate with the likelihood of materialisation and the potential impact.

The Agency currently recognises and actively manages eight high level risks. These are handled within an overall risk management framework, which includes monthly Senior Management Team reviews of the corporate risk register. The ARAC also conducts its own assessment of the currency of the Agency’s corporate risks and the effectiveness of the internal control framework at each of its quarterly meetings; and the Board reviews the risk register on an annual basis. The ARAC held a workshop in May 2107 to review the structure and content of the corporate risk register to ensure proper alignment with challenges set out in the Agency’s 2017-21 Corporate Plan.

A summary of the key actions to mitigate the corporate risks is set out below.

1. Loses credibility and does not adequately influence changes in the Northern Ireland employment relations environment. The employment relations environment in Northern Ireland is in a constant state of change because of economic and political factors as well as public policy developments such as ‘Brexit’, the growing differences between Great Britain and Northern Ireland’s employment law regimes and emerging case law. Other drivers include the ongoing programme of structural reform across the public sector and the recent Executive consultations on the Programme for Government and Industrial Strategy. The employment relations environment is a key part of Northern Ireland’s socio-economic landscape and is the area within which the Agency primarily operates and in which it needs to be regarded as an expert authority.

The Agency does this by scanning the business and regulatory environments and by developing and maintaining very positive relationships with key stakeholders representing employers (e.g. Confederation of British Industry (CBI), Federation of Small Businesses (FSB), Chamber of Commerce and Institute of Directors (IoD)) and employees (e.g. the Northern Ireland Committee of the Irish Congress of Trade Unions (NIC-ICTU)). The Agency’s facilitation of the NI Employment Relations Roundtable is critical as it provides a unique forum for collaborative discussion by all key stakeholders on matters of public policy, skills and research.

The risk is that the Agency could become out of touch with the needs of employers/employees and the wider economy which could adversely impact its reputation and credibility with stakeholders and Government.

The controls which the Agency has in place to deal with this risk are its ongoing intelligence gathering, the corporate and business planning process, regular engagement with our sponsor Department, ongoing facilitation of the work of the NI Employment Relations Roundtable and ensuring that the Agency takes a neutral but influential position on employment relations matters.

Page 10 | Chapter 1 LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

1.4 KEY CORPORATE RISKS cont’d ...

2. Loss of reputation for the provision of high quality, independent employment relations services. The Agency’s primary role is to deliver impartial advisory and dispute resolution services to both employers and individual employees; it is therefore of paramount importance that those services are of the highest quality. This is achieved by ensuring that our people have access to high quality continuous professional development in the specialist areas of dispute prevention and resolution. The Agency also ensures that all new recruits undertake an extensive programme of initial training before they are assessed as being competent. Such personal development is by its nature specialised and requires a bespoke approach; it can therefore be difficult to source expert trainers with an understanding of local conditions that apply in Northern Ireland. The risk is that the competence of operational staff may diminish and adversely impact the quality of service resulting in significant reputational damage.

The controls to address this risk include: tailored personal development; allocation of sufficient resources to deliver the annual learning and development plan; prioritisation of leadership, management and coaching training, and alignment of individual/team objectives with the corporate/ business.

Feedback from the ongoing evaluation of frontline services and third party assessments indicate that, to date, this risk has been successfully managed.

3. Failure to deliver key corporate objectives due to budget pressures. The Agency has operated under significant budget constraints since 2011 and will continue to do so for the foreseeable future. We are primarily a service delivery organisation with salary related costs representing almost 75% of our core funding with other inescapable expenditure absorbing a further 16%. This leaves a very limited amount of actual ‘discretionary spend’ to cover all other revenue and capital commitments.

The associated risk is that the Agency may fail to deliver on the objectives and key targets set out in our annual business plan. The Agency’s approach has been to focus on the delivery of strategic priorities in consultation with the Board and our sponsor Department. Detailed monitoring of expenditure with an emphasis on corporate priorities has allowed the Agency to respond quickly to operational pressures. Throughout the reporting period the Agency has ensured that strategic objectives have been achieved, however the opportunity to progress a number of development projects has been constrained because of the cumulative impact of annual pay and price increases against a static baseline.

4. Information systems do not adequately support business-critical operations. Delivery of the Agency’s services is highly dependent on the capacity and capability of our IS/IT infrastructure. A failing legacy system has been replaced by a new Case Management Record System (CMRS) for all of our Dispute Resolution services; plans are also well advanced to enhance the system to cover our Advisory services. There is a continuing risk that the Agency’s IS/IT systems may not be sufficiently flexible to accommodate emerging business demands because of limited in-house expertise. The Agency has in place a Managed Services contract providing on-site expert operational support, and which is regularly monitored against the requirements of an agreed service level agreement. During the reporting period the Agency’s IT infrastructure was upgraded in line with our business continuity plan.

The Agency continues to be proactive in ensuring that our information systems provide effective support to all of our operations; during the current reporting period a new IT system to support our HR functions was procured. The Agency has in place an organisation-wide IS/IT steering group which reviews the effectiveness of all of the Agency’s information systems. The Agency is currently developing a new IS strategy to support the implementation of the new Corporate Plan and establish our approach to, and priorities for, investment in IT for the four-year period to 2021.

Page 11 | Chapter 1 LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

1.4 KEY CORPORATE RISKS cont’d ...

5. Records Management systems non-compliant with governing legislation. The majority of the Agency’s records are held electronically and secured in compliance with international standards; the Agency was recently re-accredited against the ISO27001 standard. An internal review of our records management policies and procedures identified some control weaknesses but raised no concerns about compliance with the governing legislation.

Internal Audit made a number of recommendations for improvement and a recent follow up review has confirmed that all of the business-critical recommendations have now been implemented. Many of the required detailed operational policies and procedures are now established as part of the Agency’s implementation of the ISO27001 standards.

6. Failure to demonstrate Value for Money (VfM). The Agency is always mindful of the need to demonstrate that it provides value for money. In 2014 an independent study identified a 10:1 ratio for every £1 invested in the services delivered by the Agency. In 2016-17 we commissioned Internal Audit to provide advice on how we can demonstrate, on an ongoing basis, the continuing return on investment in the Agency’s services, as well as our wider social impact. This advice is informing the development of the Agency’s new Corporate Plan, which will include a strategic theme linked to evidencing the economic and social return from good employment relations.

We also commissioned an independent review of the Agency’s Corporate Services to ensure we obtain value for money from our support functions. The recommendations from this were received in May 2017 and are being considered for implementation.

7. Fails to meet its statutory equality duties and best practice standards. The Agency’s operations are guided by commitments set out in our Equality Scheme, designed to ensure substantial compliance with Section 75 of the Northern Ireland Act 1998. The Agency is committed to mainstreaming equality in relation to both the delivery of frontline services and all of our corporate functions, and in this regard a dedicated equality corporate risk has been established.

Key steps taken to mitigate this risk include Board, staff and arbitrator training and awareness. The Agency explicitly considers equality implications as part of its corporate planning and HR Strategy processes. Formal equal pay reviews are carried out every three years with interim checks following annual pay agreements. A disability focus group is in place and a disability action plan has been developed. A formal review of the Agency’s Equality Scheme is under way.

8. Significant skills deficits following retirement/departure of Board members/senior staff. The operational and strategic risk of losing key post holders remains a high priority. The Agency maintains a close relationship with the sponsor Department to ensure that Board vacancies are filled promptly.

Similarly, the Agency is proactive in managing the risk of losing key staff. A new Director of Corporate Services was appointed in March 2017 and a recruitment competition to fill vacancies in our Helpline Service was also completed. The likelihood of risk materialisation will continue to be influenced by the age profile of staff, potential single points of failure, the significant lead in time required for new staff to be fully operational and turnover of Board members.

The Agency’s Board approved a new HR Strategy during the current reporting period which included a commitment to develop a succession plan that is based on a risk analysis of the areas where greatest exposure exists for knowledge loss. The Agency commissioned a review of its corporate services functions which provides clarity about how Corporate Services should be structured and resourced. The SMT has agreed to bring a revised succession plan to the Board that will take account of the strategic priorities set out in the Agency’s 2017-21 Corporate Plan.

Page 12 | Chapter 1 LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

1.5 ADVISORY SERVICES

Mr David McGrath, Director Advisory Services Responsible for Advisory Assistance, Advisory Workshops, Helpline, Good Employment Practice, Good Practice Seminars, Research, Agency Website

The work of the Advisory Services Directorate focuses on the promotion and improvement of good employment practice and the implementation and development of employment relations skills. It does this through providing information, guidance, advice and support on employment relations matters to both employers and employees. The aim of the service is to ensure compliance with relevant legislative provisions and to promote and encourage good employment practice. While we have a particular focus on engaging with small businesses, who comprise the bulk of the Northern Ireland (NI) economy, our services are tailored for all sizes of organisation, from start-up to multi-national. There are several strands to our work: a Helpline service; provision of seminars, briefings and workshops; drafting and vetting employment documentation; facilitation of projects; and the Agency’s website and publications. All of these services are easily accessible to customers. Where appropriate we work in partnership with other organisations to deliver services that are finely tuned to meet customer needs.

The Agency’s Helpline is primarily telephone based and is our frontline service. It is widely recognised for its leading role in improving employment relations and working relationships in NI. Our well trained team of advisors provide high quality, accurate information, guidance and advice whilst recognising the need for balance between employment rights and responsibilities and the necessity for harmonious and productive relationships in work. Our timely, impartial and helpful approach provides the basis to improve the quality of their decision making.

This year, staffing changes once again impacted upon the service provided by the Helpline. As a consequence the Helpline became a noticeable pressure point in terms of the capacity for the staff to respond to the volume and complexity of calls received. The Agency continues to strive to achieve a balance between staff welfare, training and high quality customer service. The number of calls handled by the Helpline was 19,494 calls (compared to 20,795 last year). Activity levels against some key performance indicators have been exceeded despite the reduction in the number of trained advisors available.

Again this year, advisors reported an increase in the complexity of issues raised particularly following complicated case decisions or interpretations of contentious jurisdictions. Of particular note were issues such as on-going differences between employment legislation in NI compared to Great Britain (GB), vicarious liability of employers and holiday pay calculation. Our average call time was 7 minutes 29 seconds which is indicative of users going to our website for purely factual queries, such as current National Minimum Wage rates and contacting the Helpline when they need advice regarding their own particular circumstances or situation.

We continue to track the profile of our customers by way of our Case Management Records System (CMRS) and strive to ensure the accuracy of our recording and reporting mechanisms.

Our seminars and briefings focus on the development and enhancement of employment relations skills. We have a well-established programme of events which we refresh regularly to reflect current trends and new developments. This year we added Early Conciliation and Workplace Mediation to our briefings to satisfy demand from a diverse audience for information in a compact form. The public events were very well attended by people from a wide cross section of organisations. We are keen to expand our customer base and it is pleasing to report that of the people who attended our events 22% were attending for the first time. Our new online booking system has proved easy to use and has given us greater control over the bookings received. In addition to our planned events for the year we responded to numerous requests from organisations for us to provide tailored sessions onsite for their staff. The top two most popular topics were Handling Difficult Conversations and Fair Recruitment and Selection. The combined Handling Difficult Conversations and Resolving Workplace Disputes seminar

Page 13 | Chapter 1 LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

1.5 ADVISORY SERVICES cont’d ... embarked on last year is now included in our public programme and is proving very popular as an in- company event.

Our workshops on employment documentation are well attended by start-up businesses who clearly welcome the opportunity to gain the necessary skills and knowledge to develop and maintain basic employment relations documentation. However, the audience often includes people from more established organisations highlighting that such organisations who are experiencing gaps in skills and knowledge which can be filled by attending this concentrated but straightforward approach to putting employment documentation in place.

Our work on drafting and reviewing employment documentation to ensure compliance with legislation and good practice has seen a drop of 18% in demand for this service. This has reinforced our resolve to explore new approaches to our service delivery.

The Agency’s facilitation work continued to have an emphasis on strategic targeting of projects at a structural and regional level. Notably, this year involved work at a sectoral level in education in facilitating bargaining on amended industrial relations constitutions and machinery. In addition work has continued in the local government sector with the Agency assisting in the production of a new regional bargaining structure for the post-April 2015 11 council model. The Agency has also been facilitating the harmonisation of industrial relations protocols within two specific Councils, both of which had an immediate need to deal with differences in employment procedures from the legacy Councils. There was a noticeable increase in demand for facilitated workshops on the subject of the differences between employment law in NI as compared to GB from both trade union, management side and in particular a large private sector GB employer setting up in NI for the first time. Other work included facilitated projects for the Department for Communities on devising an employment relations training package for senior managers and working with the Construction Industry Training Board on employment law issues in the sector.

Training within large public sector organisations continues. The local government sector has sought assistance from the Agency with developing better application and skills in joint negotiating and the legal framework within which unions operate. This specifically targeted training is ongoing. Other training that has been on-going in the private sector includes the roles and responsibilities of information and consultation representatives in non-unionised workplaces.

The Agency has also provided a multiple module training programme for the Northern Ireland Committee of the Irish Congress of Trade Unions (NIC-ICTU) covering adaptations of all the main Agency seminars and attended by all the constituent unions. This programme has now become a standing requirement.

Joint training initiatives with other public sector bodies remain a significant part of the Agency’s training output and work is ongoing with the Health and Safety Executive for Northern Ireland (HSENI) to deliver two different workplace stress programmes. One with the Agency as host focused on theory and a complementary session, hosted by the HSENI, related to applying the Management Standards for Work -Related Stress.

Throughout the year the Agency has maintained connection with its stakeholders by participating in various events, information exhibitions and conferences. The Agency is an active participant in the Human Rights Commission’s Business and Human Rights Forum which co-ordinates and shares information on all NI and international business initiatives related to the human rights agenda. The Agency continues to have a presence as an independent member on the Confederation of British Industry’s Employment and Skills Committee and has regular engagement with NIC-ICTU regarding recent developments in employment relations. As in previous years the Agency has worked collaboratively with NIC-ICTU to devise, develop and deliver modules for the Trade Union Studies and Lifelong Learning education and training programme, with a view to educating trade unionists from a good employment practice perspective. The Agency also continues to work on the series of joint Agency/Equality Commission for Northern Ireland (ECNI) E-Zine on developments in employment and equality law with more editions pending. Other joint work with the ECNI includes future employment/ equality update roadshows throughout NI and new joint guidance on pregnancy and maternity at work.

Page 14 | Chapter 1 LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

1.5 ADVISORY SERVICES cont’d …

The Agency’s website is regularly updated; adding to the range of information we provide as there is a continuing demand for accurate information to be available online.

The Agency provides a wide range of good practice guides, small business leaflets, information notes and self-help guides and these are to be found in the publication section of the website. A useful addition to the site is a chart outlining the main differences in employment law and practice between NI and GB. Also included is an A-Z section which gives a brief guide to employment topics ranging from absence to zero hours contracts.

The Advisory Service’s emphasis on customer service and demonstrating value for money remains as in previous years and it is very encouraging that all of our performance indicators reveal the value placed on the services by our customers. A selection of case studies demonstrating how the Advisory Service has helped organisations is now included on our website.

PERFORMANCE INDICATORS

Performance Indicators 2016-17 Performance at 31 March 2017

1. The average Helpline waiting time is to be The average waiting time for answering a less than 1 minute for 2016-17. Helpline call was 53 seconds.

2. The Helpline lost call rate is to be less than The lost call rate was 8.5%. 10% for 2016-17.

3. At least 10% of callers to the Helpline have Of callers identified 42% had not previously used not previously used the service. the Helpline service.

4. At least 1% of Helpline callers are referred for 0.52% of Helpline callers referred for PCC. Pre-Claim Conciliation (PCC).

5. At least 80% of Advisory cases received are 82% of cases received were completed within 3 to be completed within 3 months of receipt. months of receipt.

6. At least 50% of users of the Advisory vetting 96% of customers reported that they amended service report that they amended documentation/systems following Agency documentation/systems following Agency assistance. assistance.

7. At least 75% of customers report that they 85% of customers report that they would now feel would now feel better equipped in dealing with better equipped in dealing with employment employment relations matters in the relations matters in the workplace following workplace following attendance at in-house attendance. seminars/briefings.

8. At least 25% of delegates to good practice seminars/briefings are to be from 33% of delegates had not previously attended an organisations who have not previously Agency good practice seminar/briefing. attended an Agency good practice seminar.

Page 15 | Chapter 1 LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

ADVISORY FACTS AND FIGURES

Table 1: General Enquiries

Table 2: General Enquiries by Type

Page 16 | Chapter 1 LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

ADVISORY FACTS AND FIGURES cont’d ... Table 3: Advisory Cases Received

92 95 100 88 90 80 71 70 60 50 2016-17 40 2015-16 30 23 20 13 10 2 3 0 Micro Small Small/Med Large Business (0- Business Enterprises Enterprises 9 (10-49 (50-249 (250+ employees) employees) employees) employees)

Table 4: No. of Good Practice Seminars on Employment Law & Practice Held

Table 5: Advisory Workshops on Employment Documentation

Page 17 | Chapter 1 LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

ADVISORY FACTS AND FIGURES cont’d ...

Table 6: Web Trends

600,000 544,046

443,960 500,000

400,000 2016-17 300,000 2015-16

200,000

100,000 30,326 31,952

0 Page Views Downloads

Table 7: Top 10 Downloads

Top 10 Downloads 2016-17 2015-16*

1. Disciplinary and Grievance Procedures - 3 April 2011 22.70% 12.60%

2. Sample Letters - Redundancy 13.87% -

3. Advice on Handling Discipline & Grievance at Work 5.75% 5.20%

4. Information Note 3: Holidays and holiday pay 3.23% 2.50%

5. Advice on Managing Sickness Absence 3.08% 3.50%

6. Sample Letters - Discipline and Grievance 2.96% 4.50%

7. Redundancy Flowchart 2.63% -

8. Advice on Handling Redundancy 2.52% 3.50%

9. Flexible Working: The Right to Request and Duty to Consider 2.26% -

10. Disciplinary and Grievance Flowchart 2.25% -

* 2015-16 figures relate to April - December 2015 only due to change in website.

Page 18 | Chapter 1 LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

1.6 CONCILIATION AND ARBITRATION

Ms Penny Holloway, Director Conciliation & Arbitration Responsible for the delivery of services involving Individual Conciliation, Collective Conciliation, Arbitration, Independent Appeal Hearings, Mediation and Regional Office

The Agency’s Conciliation and Arbitration Directorate offers effective and confidential services aimed at resolving workplace disputes.

The Conciliation service provides assistance to employers and employees on both individual rights claims and collective disputes.

The Mediation service focuses on restoring productive working relationships between individuals or groups where these have broken down. Mediation is delivered by our team of in-house accredited workplace mediators.

The Arbitration service arranges arbitration hearings in connection with:  Independent Appeals that form part of collective agreements; and  those opting to have their case heard under the Statutory Arbitration Scheme as an alternative to the Employment Tribunal.

These hearings are conducted by an independent person who is appointed by the Agency from its panel of Arbitrators.

Once again 2016-17 has been a very busy year for the section and almost all key performance indicators relating to the delivery of services have been exceeded.

During the year 2016-17 there was a significant increase in demand for the Agency’s Individual Conciliation service with a 25% increase in the number of cases received. This is mainly due to a 53% increase in the number of multiple claims received. The percentage of cases settled (excluding insolvency and strike outs) following our involvement also increased significantly when compared to last year. During this fifth year of our enhanced Pre-Claim Conciliation Service (PCC), referrals from our Helpline, have dropped significantly by 48%. However, engagement levels have remained high for those referrals that were received and it is again encouraging to note that a high percentage of those that engage in Conciliation reach an agreement thus avoiding having to proceed to tribunal with their complaint.

Cases received for Collective Conciliation assistance decreased this year with requests for assistance coming from a range of sectors with a majority from the private sector. The main issues in dispute remained pay and terms and conditions of employment. A number of the disputes referred to the Agency involved complex issues which, had they not been resolved, could have escalated to industrial action. The settlement rate for collective disputes undertaken by the Agency was 85% for this period.

Referrals to our Mediation service saw a decrease during this reporting year. Of 100 enquiries received 75 referrals were made. However, it is noteworthy that the number of referrals for team/group mediation was significantly higher than for last year and a number of these referrals were highly complex. A group Mediation involves more than two people and this category accounted for 28% of the Mediation referrals received. The majority (56%) of Mediation referrals were received from the public sector and within that category the majority (69%) came from the schools sector. The second largest category for referrals was the private sector at 31%. The settlement rate for those engaging in the process remained high at 83%. The successful outcome of the Mediation process enables those in work to rebuild and repair damaged relationships in the workplace thereby improving productivity and effectiveness.

Cases received for Independent Appeal decreased slightly from 43 in 2015-16 to 37 in 2016-17 with the majority (65%) of referrals being received from the education sector. Of the total number of referrals the majority related to grievances and harassment. In addition there has been an increase in the number of referrals relating to the Review of Public Administration (RPA). Page 19 | Chapter 1 LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

1.6 CONCILIATION AND ARBITRATION cont’d … Agreement to utilise the Statutory Arbitration Scheme continues to be disappointing with only one arbitration agreement received; one arbitration agreement withdrawn; and no hearings took place. One arbitration agreement has been carried over into the next operational year. No hearings were concluded during this reporting year. The Agency is planning to review the Scheme with DfE to look at what changes might help increase take-up of this.

The approach to the evaluation of services has continued. Our surveys continue to focus on outputs as well as satisfaction levels and Mediation and Arbitration services are evaluated on a continuous basis with surveys sent to participants six weeks after the delivery of the service. Responses to date demonstrate continued high satisfaction rates with both service delivery and outcomes.

In addition to the ongoing surveys the section also conducted a customer survey covering the Individual Conciliation service. The report of this evaluation exercise was finalised and one clear outcome is that overall 79% of responses to the survey found the Individual Conciliation service either very or fairly satisfactory.

The Agency’s new Case Management Records System (CMRS) has been operational since 2015-16 and is now fully bedded in. It allows the Agency to electronically manage the caseload of all Dispute Resolution services provided by the Directorate. Refinement of the replacement CMRS has continued throughout the year with a number of changes made as a result of the roll out in practical terms of the system in order to improve its effectiveness. In addition work was successfully undertaken to digitise paper records in the Arbitration section as part of the continuing strategy to move to a paper light office. Digitisation of paper records will continue in the next operational year as a means to fully and effectively utilise all of the elements of CMRS. The efficiencies and effectiveness that the replacement CMRS have brought to the section have greatly facilitated our work. In addition the replacement CMRS has been constructed so that planned changes to employment legislation can be incorporated into the system with some additional resource and effort. The CMRS has enhanced our management information function.

PERFORMANCE INDICATORS

Performance Indicators 2016-17 Performance at 31 March 2017

4% of cases dealt with during the year (excluding strike out and insolvency cases) 1. Days saved deriving from no more than were heard at Tribunal. However if the 20% of individual rights claims, excluding number includes those cases which were not strike outs/insolvency,1 being heard at struck out by OITFET as well as insolvency Tribunal. cases the percentage increases to 7% which remains significantly below the 20% target. 2. No less than 60% of pre-claim referrals 80% of pre-claim conciliation referrals from the from the Helpline agree to conciliation Helpline agreed to participate in conciliation. within 3 months of receipt. 3. Involvement of Agency in 70% of reported The Agency has made contact with the parties collective disputes. in all known disputes and the target was met. Promotion of a settlement was achieved in 4. Promotion of a settlement in 70% of 85% of cases concluded during the reporting disputes in which the Agency is involved. year. 5. Promotion of a settlement in 70% of Promotion of a settlement was achieved in mediation referrals to the Agency and 83% of the referrals where mediation took where mediation takes place. place. 6. 80% of Arbitrations/Independent Appeal Parties have been contacted within the hearings undertaken within agreed timescales outlined in operational guidelines. timescales as per operational guidelines. 1These cases are excluded as the Agency is not able to influence the outcome via conciliation.

Page 20 | Chapter 1 LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

CONCILIATION AND ARBITRATION FACTS AND FIGURES

Table 8: Individual Conciliation Claims Received and Dealt With Other than Fair Employment

Claims Received Claims Dealt With

2016-17 2015-16 2016-17 2015-16 Unfair Dismissal 2,791 2,484 2,771 2,373 Wages Order 2,116 1,665 615 1,198 Breach of Contract 652 600 613 641 Other Employment Rights 3,470 2,773 1,426 2,005 Equal Pay 162 83 100 86 Age Discrimination 226 104 86 118 Sex Discrimination 390 282 280 263 Disability Discrimination 272 233 206 227 Race Discrimination 70 83 76 74

Sexual Orientation Discrimination 19 12 13 15

Flexible Working 12 8 9 9 Total 10,180 8,327 6,195 7,009

NB Figures for 2015-16 have been amended following review.

Table 9: Individual Conciliation Claims Dealt With and Their Outcome Other than Fair Employment

Settled by Withdrawn During Referred to a Total Claims Dealt Conciliation Conciliation Tribunal With Jurisdiction 2016-17 2015-16 2016-17 2015-16 2016-17 2015-16 2016-17 2015-16

Unfair Dismissal 2,415 2,011 255 226 101 136 2,771 2,373 Wages Order 346 427 160 372 109 399 615 1,198 Breach of Contract 287 316 163 192 163 133 613 641

Other Employment 690 679 489 858 247 468 1,426 2,005 Rights

Equal Pay 71 15 21 67 8 4 100 86 Age Discrimination 36 43 44 66 6 9 86 118 Sex Discrimination 155 95 94 140 31 28 280 263 Disability 104 93 82 103 20 31 206 227 Discrimination

Race Discrimination 32 31 34 32 10 11 76 74

Sexual Orientation 5 4 6 6 2 5 13 15 Discrimination

Flexible Working 4 3 3 4 2 2 9 9

Total 4,145 3,717 1,351 2,066 699 1,226 6,195 7,009

Page 21 | Chapter 1 LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

CONCILIATION AND ARBITRATION FACTS AND FIGURES

Table 10: Fair Employment Claims Received and Dealt With

119

120 92 93 100 86

80 2016-17 60 2015-16 40

20

0 Received for Dealt With Conciliation

Table 11: Analysis of Fair Employment Claims Dealt With

60 56

48 50

40 30 28 2016-17 30 2015-16

20 14

9 10

0 Withdrawn To Tribunal Settled by Conciliation

Page 22 | Chapter 1 LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

CONCILIATION AND ARBITRATION FACTS AND FIGURES cont’d ...

Table 12: All Individual Rights and Fair Employment Claims Received and Dealt With

Carried Claims Over Claims Dealt Carried Category from Received With Over to 2015-16 2016-17 2016-17 2017-18

Employment Claims 6,749 8101 5461 9,389

Equality Claims 1,477 1188 879 1,786

Table 13: Pre-Claim Conciliation (PCC) Referrals

2016-17 2015-16

Total number of PCC referrals from the Helpline 60 116

Direct referrals 10 17 Total converted to IC cases 70 133

Un-progressed – employee unwilling 3 7

Un-progressed – employer unwilling 14 17

Un-progressed – resolved in initial discussions, referral inappropriate 6 9 for conciliation or parties uncontactable

Table 14: Independent Appeals/Arbitration Cases Received and Dealt With

2016-17 2015-16

Cases brought forward from previous year 21 14

Cases received in year 37 42

Total cases in hand 58 56

Cases dealt with 20 25 Cases withdrawn 16 10 Cases carried forward into next year 22 21

Note: Figures for the year 2015-16 have been revised. * 1 was referred to collective/individual conciliation. ** includes 2 which were abandoned for other reasons.

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CONCILIATION AND ARBITRATION FACTS AND FIGURES cont’d ...

Table 15: Source of Requests for Independent Appeals/Arbitration

No. Received

2016-17 Teaching Sector of Education Service 11 Non-Teaching Sector of Education Service 5 Board Officers of Education Service 8 Procedures agreed within local Government 8 Further Education Sector 5 Public Bodies/Voluntary 0 PSNI 0 Total 37

Table 16: Subject of Requests for Independent Appeals/Arbitration

No. Received

2016-17 Grievance 14 Grading/Job Evaluation 0 Harassment 9 Interpretation of Agreement 0 Pay/Conditions of Employment 0 Redundancy 4 Discipline/Dismissal 3 RPA 7 Total 37

Table 17: Cases received under the Statutory Arbitration Scheme

2016-17 2015-16

Cases brought forward from previous year 1 2 Arbitration Agreements received 1 2 Arbitration Agreements accepted 1 2 Number of Arbitration hearings held 0 3 Number of Arbitration Awards issued 0 3 Cases settled without a hearing 0 0 Cases withdrawn 1 0 Carried forward to following year 1 1

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CONCILIATION AND ARBITRATION FACTS AND FIGURES cont’d ...

Table 18: Mediation Cases

2016-17 2015-16 Brought Forward from previous year 11 12 Received in period 75 93 Total 86 105 Broken down as follows: Mediations Undertaken and Completed in period 48 63 Of these:  Issues resolved 38 52  Issues unresolved 8 9  Referrals Withdrawn in period 30 31  Pre-Claim Conciliation Settlements 1 2  Issues Narrowed 1 0 Carried forward to following period 8 11

Table 19: Collective Conciliation Cases Received and Dealt With

2016-17 2015-16 Brought forward from previous year 4 6 Received for conciliation 22 31 Total 26 37

Dealt with during the year 24 33 Carried forward to following year 2 4

Table 20: Sources of Requests for Collective Conciliation

2016-17 2015-16 Trade Union Approach 10 16

Employer Approach 10 11 Joint Approach 0 3 LRA 2 1 Industrial Court 0 0 Total 22 31

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CONCILIATION AND ARBITRATION FACTS AND FIGURES cont’d ...

Table 21: Collective Conciliation Cases Received by Industry Classification

Table 22: Nature of Disputes

12 11 10 10 10 8 8

6 5 2016-17 4 2015-16 4 3 3

2

0 Conditions of General Pay Other Trade Union Employment Claim Recognition

Note: 1 referral had two separate issues in dispute.

Page 26 | Chapter 1 LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

1.7 CORPORATE SERVICES

Don Leeson, Director of Corporate Services (from 1 March 2017) Responsible for Human Resources, Certification Office, Finance & Corporate Compliance, Business Support & Premises, Information & Communication Technology

The primary role of Corporate Services is to ensure that the Agency has the necessary staff, resources and facilities to deliver all frontline services and to support the Board and Senior Management Team (SMT) in relation to accountability, compliance and corporate governance matters. Corporate Services is structured under three functional areas: Finance and Legal Compliance, Information Systems/ Technology and Human Resources and Business Development.

Within the wider Corporate Services Directorate a diverse and comprehensive set of services are provided to include: administrative support, financial monitoring and budgeting, procurement, statutory compliance, information technology and facilities management. Corporate Services provides the secretariat and administrative support to the Agency Board, its committees and the SMT. It is also responsible for outsourced services (legal, security, property management, etc.) as well as organisational and administrative responsibility for the Northern Ireland Certification Office (NICO).

Finance and Compliance The Agency’s core grant-in-aid has been static since 2011-12 and inflationary pressures have had to be absorbed through efficiency savings. However, this proved extremely difficult in 2016-17, particularly given changes to Employer’s National Insurance Contributions and implementation of the NICS pay award. While we sought to contain these additional costs by not filling a number of vacancies, and other measures such as continuing to curtail expenditure on learning and development, we were grateful to Department for the Economy (DfE) for providing additional budget cover to avoid the need to take more stringent action to contain the pressures.

Excluding depreciation, the Agency’s expenditure was over £150k more than in 2015-16. This increase was in large part due to the increase in employment costs noted above, partly offset by vacancy control measures. Other significant increases in expenditure relate to accommodation and development of the Agency’s website, Mobile App and a new HR management system.

Ensuring that the Agency observes all public sector accountability protocols and, in particular, strict adherence to Financial Reporting Standards is of critical importance to good governance. The Corporate Services Directorate, supported by the other business areas, delivered on all of these commitments to a very high standard as evidenced by the work of our internal auditors and the opinion of the Comptroller and Auditor General in the 2016-17 Report to Those Charged with Governance (RTTCWG).

Staff absence impacted on the Agency’s performance in paying invoices within 10 days (54%). Measures are being taken to address this for 2017-18, with a view to achieving the Government target of 80%.

The Agency is fully committed to equality of opportunity and met its corporate commitments as set out in its Equality Scheme. A review of the Equality Scheme is underway, in parallel with the development of the Agency’s new Corporate Plan. This work will be completed in 2017.

During the year, the Agency received and responded to two information requests under the Freedom of Information Act; both within the statutory timescales. No information requests were received under the Data Protection Act.

IS/IT Systems The Agency achieved re-certification against the updated Information Security Management System Standard, ISO27001:2013, during November 2016. This highlights the ongoing commitment to maintain standards and improve the way in which personal and sensitive information is collected, processed and managed within the organisation. Page 27 | Chapter 1 LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

1.7 CORPORATE SERVICES cont’d …

A key and strategic element of ICT work undertaken during 2016-17, was the development of the Agency’s website along with its associated Mobile App to provide enhanced channels of access for our information resources, services and events through computers, smartphones and tablets. The App was delivered in partnership with Belfast Metropolitan College as part of their Foundation Degree in Software Engineering, with three placement students undertaking much of the development work.

During 2016-17 ongoing operational enhancements to the Case Management Records System (CMRS) used within the Individual Conciliation service. Work has also been taken forward to finalise the specifications for Phase 2 of CMRS, which will extend case and workflow management capabilities into all other Advisory Services activities as well as appropriate Corporate Services functions, and so provide a comprehensive recording and reporting tool for managing the Agency’s operations.

Business critical upgrades to the Agency’s ICT network infrastructure have also taken place over the last 12 months with two new high speed, high capacity links to interconnect Headquarters and the Regional Offices to provide enhanced business continuity and disaster recovery capabilities.

During the reporting period, the Agency has also procured and implemented a new web-based HR System (PAMS/ESS) to replace the previous outdated environment and deliver significantly greater functionality and a user friendly, self-service portal into the business’s human resources function.

Finally, Service Level Agreement (SLA) performance targets associated with both the IS Managed Services and CMRS Support Agreements, as set out in their respective contract schedules, have been fully met for the period 2016-17. This reflects systems availability across all ICT services of greater than 99.8%.

Human Resource Management A primary focus of the Agency’s HR work during 2016-17 was to build on our achievement of the Investors in People (IiP) Gold Standard in December 2015 through the development of a new HR Strategy. This Strategy was agreed by the Board in September 2016. It is supported by a new self- service HR system, which became operational in January 2017 and which streamlines HR administration.

We conducted a Staff Survey in October 2016 and the results were discussed by senior managers and with the trade union in early 2017. An Agency-wide IiP working group, comprising staff from all grades, is now developing an action plan to address issues arising from the survey.

Through better planning and by being more creative in how we develop our staff, we were able to increase the average number of training days per member of staff from 1.8 in 2015-16 to 5.7 in 2016- 17, with a substantially reduced learning and development budget, compared to previous years.

A key focus of the Learning and Development Plan was – and will continue to be – the health and well- being, aimed at increasing the resilience of our staff. This has helped reduce the number of days lost per member of staff through sick absence from 12.4 days in 2015-16 to 9.2 days in 2016-17 – a reduction by over 25%.

Formal Management and Trade Union consultation is facilitated through the Agency’s Joint Negotiating and Consultative Committee (JNCC). The Agency continues to enjoy a very positive employment/ industrial relations culture.

Environmental Management Since 2015 the Agency has been part of a Collaborative Waste Management Contract with other public bodies through the Department of Finance. The contract to date has resulted in increased co-mingled recycling and improved value for money.

Dry office waste is processed for onward re-use in compliance with all waste and transport legislation including a duty of care that ensures that waste is taken to suitably authorised facilities, minimising landfill.

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1.7 CORPORATE SERVICES cont’d …

All waste (dry and residual) collections are evidenced, weighed and traced from collection to final destination.

Corporate Social Responsibility The Agency seeks to facilitate staff wishing to contribute to charitable causes on an individual or collective basis. The Agency participates in the Payroll Giving Scheme for which it received a Platinum Award. This generated over £1,600 for charities in 2016-17.

In addition, the Agency and its staff undertake a wide range of initiatives in respect of its Corporate Social Responsibility. In 2016-17, these included:  Aquaid (for bottled water supplies), with a proportion of payments going to Christian Aid Third World Water Projects;  Quarterly Donations to Homeplus NI – clothing and toiletries;  Alzheimer’s Organisation – second hand book sales;  Friends of the Cancer Centre at Belfast City Hospital – second hand DVD sales;  Almost Home Greyhound Rescue – second hand DVD sales; and  Staff collections for Dementia NI and USPCA.

These activities further raised an estimated £450 for charitable causes.

PERFORMANCE INDICATORS

Performance at 31 March 2017 Performance at 31 March 2016

Internal audit provided a satisfactory assurance Internal audit provided a satisfactory in relation to the overall effective and efficient assurance in relation to the overall effective achievement of Agency objectives; however, a and efficient achievement of Agency limited assurance was received for one of the objectives. audits (Records Management). The draft 2017 Report to Those Charged with The draft 2016 Report to Those Charged with Governance (RTTCWG) indicated that “The Governance (RTTCWG) indicated that “The overall quality, effectiveness and overall quality, effectiveness and transparency of transparency of financial reporting and financial reporting and accounting were accounting were sufficient. There were no sufficient. There were no significant difficulties significant difficulties encountered during the encountered during the audit.” audit.” The CEO provided positive assurances to the The CEO provided positive assurances to the DEL Permanent Secretary twice in the DfE Permanent Secretary twice in the accounting period noting control actions in accounting period. relation to Records Management. Performance targets for Service Level Performance targets for Service Level Requirements, as set out in the IS Managed Requirements, as set out in the IS Managed Services Contract, have been met for the Services Contract, have been met for the period period 2016-17. This reflects systems 2015-16. This reflects systems availability availability across all services of greater than across all services of greater than 99.8%. 99.8%. No reportable accidents occurred, i.e. No reportable accidents occurred, i.e. accidents accidents resulting in death, major injuries or resulting in death, major injuries or injuries injuries lasting over seven days. lasting over seven days. Payments to suppliers within 30 days – 97%. Payments to suppliers within 30 days – 96%. Payments to suppliers within 10 days – 54%. Payments to suppliers within 10 days – 62%. Sickness absence – 9.2 days. Sickness absence – 12.4 days.

Page 29 | Chapter 1

Chapter 2

Performance Analysis

LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

2.1 THE CORPORATE AND BUSINESS PLANNING PROCESS

The Agency’s Corporate and annual Business Plans are formally approved by the sponsor Department .

The Department of Finance (DoF) reserves the right to ask to see and agree the Agency’s Corporate and Business Plans.

The Corporate Plan Historically, the Agency’s Corporate Plans have been developed on a three year cycle with the 2016-17 year being the last year of the current corporate planning period. In line with the Programme for Government the Agency’s new corporate plan will be a four year plan covering the period April 2017 to March 2021. The Board held a governance workshop in March 2017 and a planning workshop took place in May 2017 to determine the strategic priorities over the lifetime of the new Corporate Plan. The Board intends to consult with key stakeholders, including the sponsor Department and the main employer and employee representative bodies, before finalising the 2017-21 Corporate Plan. The Agency will also consult with its primary delivery partners with a view to improving joint working and achieving greater synergies.

Key drivers will include the Executive’s Programme for Government (PfG), the DfE Industrial Strategy, public expenditure constraints, the employment and industrial relations environment and any changes to NI and GB employment law. The potential introduction of Early Conciliation (EC) in 2017-18 will present significant operational challenges for the Agency. The Agency’s 2017-18 budget allocation is another variable. The 2017-21 Corporate Plan will establish the Agency’s direction for the next four years in terms of vision, mission, operational and financial objectives. This allows for the development of strategies and operational policies as to how the corporate objectives might be achieved.

The Corporate Plan serves as a blueprint to guide the Agency's policies and strategies and facilitates long term planning which cannot be accommodated within annual operating plans. It uses past, present and forecasted performance of the Agency to determine medium and long term objectives.

Corporate planning is a responsibility carried out by the Board in plenary session supported by the Senior Management Team (SMT) with the involvement of staff across the organisation. There will also be substantive consultation with the local trade union branch.

The Corporate Plan must reflect the Agency’s statutory duties and also ensure the delivery of any priorities established by the sponsor Department. In particular, the plan must demonstrate how the Agency contributes to the achievement of the Department’s strategic aims, the Programme for Government and the DfE’s Industrial Strategy. The corporate planning process provides an opportunity to review whether the existing plans are fit for purpose in terms of structure and strategic direction.

The Corporate Plan sets out:  the Agency’s key objectives and associated key performance targets for the next four financial years, and its strategy for achieving those objectives;  a review of the Agency’s performance in the preceding financial year together with comparable outturns for the key frontline services, and an estimate of performance in the current year;  factors which may significantly affect the execution of the plan, but which cannot be accurately forecasted;  a forecast of expenditure and income based on advice from the Department at the beginning of the planning round; and  other matters as agreed between the Department and the Agency.

The main elements of the corporate plan, including the key performance targets, are discussed and agreed with the sponsor Department to ensure that the plan delivers on the Agency’s statutory duties and is also consistent with the spending priorities established in the Executive’s Programme for Government.

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2.1 THE CORPORATE AND BUSINESS PLANNING PROCESS cont’d ... The Annual Business Plan The planning cycle starts with a joint Board/SMT workshop to identify strategic projects and to discuss Board and Board meeting effectiveness. Business Plans are then prepared by the SMT following suitable consultations with all staff and are approved by the Board prior to submission to the Department.

The Annual Business Plans are developed on the basis of the strategic commitments established in the Corporate Plan and is a formal statement of business objectives, operational targets and timescales for the achievement of individual targets. It also describes the Agency’s core purpose and the prevailing economic and budgetary environment which will have a material impact on the Agency’s operations.

Each year the Agency submits a draft Business Plan to the Department for discussion and approval. The Business Plan links budgeting information to specific targets/objectives so that resources allocated to achieve specific activities can readily be identified by the Department.

The Business Plan targets are cascaded into personal work plans agreed with each member of staff, so that everyone is accountable for, and shares in, the achievement of the Agency’s overall plan. Progress against individual staff targets are monitored through the Agency’s Performance Management System.

2.2 STRATEGIC REPORT

Strategic Objectives 1. The Agency is the preferred choice when organisations seek guidance on employment relations issues. The Agency has continued to be proactive in promoting our Advisory and Dispute Resolution services with individuals and employers through our Helpline Service and extensive range of seminars/briefings. Feedback from service users is a key element of our continuous improvement strategy; it is encouraging that our new business continues to grow with 42% of identified callers to our Helpline service and 33% of attendees of our seminars/briefings having not previously used these services. We continuously review the content of our seminars and briefings to ensure that our annual programme of events is meeting current and future needs. The Agency has also responded to emerging needs by hosting additional events to raise awareness of recent changes to employment legislation and case law. Public sector funding constraints meant that the Agency was unable to finance any formal advertising campaigns. However, through the goodwill of our many delivery partners the Agency did source a range of positive marketing opportunities targeted at Small/Medium Enterprises (SMEs); our events programme being listed on a number of public databases including Invest Northern Ireland’s business portal (nibusinessinfo.com) and the Belfast City Hub. The Agency’s events programme was also promoted through a Northern Ireland wide network of local enterprise development units, employer and employee associations, trade federations and professional bodies. The Agency continues to work in partnership with the main employer and trade union representative bodies to ensure that our services are valued and relevant to the needs of the Northern Ireland labour market. Cognisant of the need to make greater use of technology/social media our website has been redesigned and, in partnership with Belfast Metropolitan College, we initiated a programme of work to develop a number of web-based applications to increase the range of platforms for engaging with our clients. We are about to launch a new App that will allow service users access to all of our website information and to book a place on our seminars through mobile phone technology. This is only the start of a journey and we are committed to substantially increasing our digital footprint in 2017-18. Our objective is to reach out to a new generation of user and to be more inclusive of a demographic that may not have access to desktop PCs.

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2.2 STRATEGIC REPORT cont’d ...

2. Help prevent and resolve individual and collective disputes relating to employment relations and employment rights. The Agency continued to deliver a wide range of high quality and responsive advisory and dispute resolution services that positively impact on the labour market by improving workplace practices and by reducing the numbers of tribunal claims. Our Helpline Service handled almost 20,000 calls and our advisors have noted that the complexity of individual calls has increased due to a range of labour market factors. In almost every advisory case the employer reported that they had amended their policies and procedures in line with the Agency’s recommendations, which speaks volumes about the commitment and expertise of our Advisory team. In this reporting period there was also a 25% increase in the number of individual rights claims received by the Agency; in part due an increase in multiple cases, some of which related to recent case law on holiday pay calculation. It is hugely encouraging to note that there remains a high level of uptake of our Conciliation Service and our year on year performance has again improved; our settlement rates have increased by 10% and the number of claims proceeding to a Tribunal hearing has reduced by 7%. There has also been a 28% reduction in the number of claims received by the Fair Employment Tribunal; of those claims referred to the Agency 31% were resolved by a conciliated settlement with only 16% moving to a formal hearing. This is a very positive set of statistics which clearly demonstrates the value-added of engaging with the Agency’s Conciliation Service and testament to the skills and commitment of our staff. The Agency continued to make preparation for the potential introduction of the new Early Conciliation (EC) service, one of the key provisions of the Employment (Northern Ireland) Act 2016. This work has in part been informed by Acas’ experiences of delivering a similar service in GB since May 2014 and emerging case law. The Agency consulted with a wide range of stakeholders on the EC delivery model and has made good progress in identifying the operational and resource implications of introducing the new EC service from 2017. A key element of this work has been the development of a new case management system to support all of our Conciliation, Mediation, Arbitration and Helpline services. The system is now fully operational with further upgrades being planned to enhance connectivity with the Tribunal Service and to ensure that all of our other frontline services are fully supported. 3. Enhance the capacity of SME and Micro organisations to demonstrate good employment relations as a contribution to sustainable growth. The Agency has continued to adjust its approach to supporting the SME sector based on ongoing evaluations of our current service offerings and relevant external research. It is encouraging that customer feedback has reinforced the need to continue to deliver our existing suite of services updated in line with changes to employment legislation and emerging case law. Our evaluations have also highlighted the need to specifically target micro employers where the impact of workplace disputes can be most damaging. A key driver for companies is productivity and the Agency has been proactive in advocating the benefits of good employment relations. We have now documented examples of where and how the Agency has assisted employers to put in place good ER practices. With the approval of the participating companies 10 case summaries have been published on the Agency’s website covering a range of public and private sector organisations. The Agency has also continued to strengthen its relationship with its key delivery partners and stakeholders to increase awareness of our services and to deliver collaborative programmes. Enhancing Northern Ireland’s skills profile is one of the key indicators within the Executive’s emerging Programme for Government (PfG) framework and the Agency has continued to champion the strategic and economic importance of employment relations skills. Over the reporting period the Agency has delivered a range of seminars/workshops designed to enhance the employment relations skills of people working in the SME/Micro sector. The Agency has also worked in partnership with the Equality Commission, Invest NI and other delivery partners to deliver initiatives designed to build employer confidence in relation to recruitment and in the handling of people issues, thereby providing a basis for sustainable growth. During 2016-17 the Agency delivered over 190 (35% increase on 2015-16) in- company seminars designed to raise awareness of employers’ legal responsibilities and to promote and develop good practice.

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2.2 STRATEGIC REPORT cont’d ...

4. Support public sector organisations as they address the major employment relations challenges deriving from the public sector reform agenda. The Agency recognises that the current programme of public sector reform in both central and local government is creating significant employment relations challenges. The Agency conducted a public sector scoping study to identify potential development areas and we are now actively supporting a number of development projects. The Agency is facilitating discussions within local government around the creation of a regional industrial relations forum and the embedding of employment relations best practice at an individual council level. Following initial preparatory work with the Belfast Metropolitan College the Agency has finalised a module for the Further Education sector on Employee Rights and Employer responsibilities for general use across the sector. The Agency also supports the wider public sector through the delivery of its Independent Appeals Service by ensuring that the final stages of collective agreements on grievances and discipline are progressed on a timely and effective basis. Many of these Independent Appeals referrals ultimately result in the resolution of what are complex matters which enable the parties involved to move forward with their working relationships. The Agency has also had initial discussions with central government about an employment relations project that would support the Programme for Government’s Delivering Better Public Services outcome.

5. Contribute to the development of public policy including the design and delivery of a system of employment relations for Northern Ireland. The Agency has continued to provide advice to our sponsor Department on a range of employment relations policy issues at each of the quarterly accountability review meetings. The development of the operational arrangements for the new Early Conciliation service has been the primary focus of those engagements. The Agency has also facilitated the work of the NI Employment Relations Roundtable which has established an employment relations skills working group. The Roundtable, which is representative of Northern Ireland’s main employer and trade union bodies, has also agreed to meet with senior officials from a number of government departments to discuss policy proposals linked to employment relations, wider employability issues, and implementation of the new Programme for Government and Industrial Strategy. The Agency has also met with DfE officials to discuss terms of reference and methodology for the planned review of the Agency’s Statutory Arbitration Scheme. As part of this review the Agency has encouraged the Department to consider any baseline research conducted by the ILO (International Labour Organisation) as well as the new Adjudication Service now being delivered in the Republic of Ireland. The Agency has had preliminary discussions with Ulster University’s Economic Policy Centre about a potential employment relations research project. The Agency’s Board has also identified the development of a new Employment Relations model for Northern Ireland as a key priority for the Agency’s 2017-21 Corporate Plan.

6. Build partnerships with key stakeholders to expand LRA’s reach and influence in improving employment relations. Under Article 83 of the Industrial Relations (Northern Ireland) Order 1992 the Agency has a statutory requirement to promote the improvement of industrial relations. The Agency’s stakeholder engagement strategy underscores the importance of regular dialogue with our customers and their representative organisations to promote the benefits of good employment relations and to gain assurance about the quality and relevance of our services. All of our engagements now have an evaluative focus. During 2016-17 the Agency completed a programme of individual meetings with our delivery partners and stakeholders to evaluate the effectiveness of the existing partnership arrangements, to explore further development opportunities and to develop a shared understanding of how Northern Ireland’s employment relations systems can be improved. In November 2016 the Agency held a joint meeting with the Equality Commission which provided an excellent opportunity to explore further opportunities for joint working and to discuss our respective approaches to the Programme for Government. In addition the Agency continued to facilitate meetings of the NI Employment Relations Roundtable around a number of key drivers (skills, best practice and research). This included the hosting of a workshop in May 2016 at which the Roundtable agreed terms of reference and key objectives. The Agency recognises the positive impact that the collective voice of Northern Ireland’s employment relations community can have and will continue to support the work of the NI Employment Relations Roundtable.

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2.2 STRATEGIC REPORT cont’d ...

7. Act as a creative and innovative influence in the employment relations field. The Agency has continued to be proactive in championing innovative approaches to employment relations. The Agency is a founding member of the International Dispute Resolution Agencies Group and was represented at the 2016 annual conference in Chicago, which provided a valuable opportunity to share good practice and to discuss global trends impacting the labour market. The Agency was also invited by the ILO (International Labour Organisation) to speak at its annual employment relations conference in October 2016. The Agency’s Chief Executive was a guest speaker at the Workplace Relations Commission’s (WRC) inaugural staff conference in Dublin in February 2017 and has established a tripartite forum involving the WRC, Acas and the Agency to explore opportunities for joint working. The visiting speaker at the Agency’s annual public meeting and our staff conference was Anne Sharp, Chief Executive of Acas, who offered some thought-provoking reflections on Acas’ experiences of delivering Early Conciliation. At a practical level the Agency, in developing the Early Conciliation delivery model, has sought to accommodate local views and circumstances instead of simply replicating the GB approach. The Agency has also developed an employment relations curriculum module for the Further Education sector.

8. Alternative dispute resolution processes e.g. conciliation, mediation and arbitration are the norm for the third party resolution of all employment relations disputes. A priority for the Agency is to ensure that our services continue to meet the needs of both employers and individual employees through the active promotion and delivery of our Advisory, Conciliation, Mediation and Arbitration services. The Agency also recognises that it has to be flexible in terms of how it presents and delivers services and during the reporting period explored opportunities for a more integrated approach to service delivery. One example is the joint delivery of workshops on Handling Difficult Conversations and Resolving Workplace Disputes. The Agency has also developed a programme for supporting the introduction of in-house dispute resolution processes in a range of public sector organisations. Initial positive engagements have taken place with HR Directors of the Health Trusts and representatives of the Department of Finance, local councils and the implementation team of the new Education Authority (EA). Understandably, progress on this initiative has been constrained by the impact of the change agenda taking place across the public sector; that said a number of projects are now being progressed. The demand for our Dispute Resolution services continues to grow. We received just over 10,000 individual claims which represent an increase of 25% on the previous year. We dealt with almost 6,200 claims with only 11% progressing to a tribunal which is an improvement on the 2015-16 outturn when 17% of claims progressed to a tribunal; the challenge will be to achieve this level of success when EC is introduced when all potential claimants will be required to engage with the Agency in the first instance. Collective disputes are still an ever present feature of our work with 24 being completed during the reporting period; the majority involved issues relating to pay. There is evidence that collective disputes are increasingly involving industrial action or at the very least the threat of industrial action which means that the parties involved can be quite polarised when the Agency is first involved. It is encouraging that the vast majority of collective disputes dealt with by the Agency did have a successful outcome and industrial action was averted. Our Mediation service continues to be attractive to employers as a means of resolving interpersonal disputes and in the past year there has been an increase in referrals for group or team mediation. A successful outcome from this type of mediation often results in improved productivity through better and more harmonious working relationships within the workplace.

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2.2 STRATEGIC REPORT cont’d ...

9. Enhance the employment relations skills of managers and in particular first line owner managers/supervisors. Developing the capacity, competence and confidence of employers, line managers and employees to resolve employment relations issues quickly and as close to source as possible continues to be a high priority for the Agency. This is particularly relevant given the structure of the Northern Ireland economy where micro businesses (those businesses with fewer than 10 employees) account for approximately 90% of all employers. Our programme of events is regularly reviewed and updated to take account of legislative and case law developments and is increasingly focussed on developing the skills of first line owner managers/supervisors. Our one-hour briefing sessions on topical employment relations issues seem to be meeting a need to acquire practical knowledge and skills with least disturbance to business continuity. This is supported by our evaluation of all events with 85% of attendees reporting that they feel better equipped in dealing with workplace employment matters.

The work of the Agency is very resource intensive which means that we cannot provide direct support to every workplace on an annual basis. The Agency has therefore conducted a feasibility study on the merits of developing a self-help employment relations diagnostic tool. That project has produced two self-assessment checklists for use in both union and non-unionised workplaces and which are now published on our website.

10. Develop Agency staff to ensure they are able to make the very best of their skills and abilities. The Agency’s primary focus is on the delivery of high quality, responsive services to our customers. We depend on our staff to deliver on this commitment. We therefore give a high priority to effective leadership, engagement and the development of our staff. This investment was recognised when the Agency achieved the Investors in People (IiP) Gold Standard in December 2015; and we have continued to build on this success through our new HR Strategy which will be updated to reflect the challenges set out in our new 2017-21 Corporate Plan.

A critical element of the HR Strategy is effective staff engagement, heavily influenced by the outcomes of our annual staff survey and discussions with our trade union colleagues. An Agency-wide working group, comprising staff from all grades, has been tasked with developing an action plan to address issues arising from the 2016-17 survey as we work towards the achievement of the new IiP Platinum award.

The HR Strategy is supported by a new HR system, which became operational in January 2017 and has allowed the Agency to streamline its HR administrative processes.

Despite a severely constrained budget, the Agency was able to implement much of the 2016-17 Learning and Development Plan. Through better planning and by being more creative in how we develop our staff, we were able to increase the average number of training days per member of staff from 1.8 in 2015-16 to 5.7 in 2016-17, with a substantially reduced learning and development budget.

A key focus of our Learning and Development Plan was – and will continue to be – health and wellbeing, aimed at increasing the resilience and morale of our staff. This has helped reduce the number of days lost per member of staff through sick absence by over 25%. Progress on an Agency- wide leadership and development programme, also a key priority in the Learning and Development Plan, has not been advanced as we had anticipated because of budget constraints. While a specification for the programme was approved by the Board, a suitable provider could not be sourced within our limited budget. The SMT is committed to investing in a leadership development programme in 2017-18, subject to budget availability.

Succession planning is also a key priority within the HR Strategy given the age profile of Agency’s workforce, potential single points of failure and the significant lead in time required to train new staff before they are fully operational. Really good progress was made in 2016-17 with the appointment of a new Director of Corporate Services and four appointments to the middle and senior management grades; three new staff also joined our Helpline Service at the start of 2017-18.

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2.2 STRATEGIC REPORT cont’d ... 11. Comply with statutory Equality obligations. The Agency has complied with all its statutory obligations regarding equality and data protection compliance. A review of our Equality Scheme is underway and will be completed in parallel with the development of the new Corporate Plan. We were proud to sign up in November 2016 to the Equality Commission’s ‘Every Customer Counts’ initiative. The initiative is designed to encourage organisations and businesses to consider if they can improve the service they offer to clients and customers with a disability. We are assessing ourselves against a check list to ensure every aspect of our service delivery is fully accessible. The Agency’s suite of corporate governance policies is being reviewed by our new Director of Corporate Services, who took up post on 1 March 2017. This work will be concluded later in 2017.

12. Consistently look for efficiencies in all that we do without detriment to maintaining high levels of service delivery. Financially, 2016-17 proved to be particularly challenging year. The Agency’s funding has been capped since 2010 and the cumulative impact of annual pay and price increases over that period has become unsustainable. The net result was that the Agency had to submit in-year bids for funding to offset the costs of increases in Employer Related National Insurance Contributions and implementation of the NICS pay award, which could not be absorbed through efficiency measures alone. The financial constraints also meant that we had to delay filling a number of critical vacant posts until the end of the current reporting year. In this context the Agency also had to reprioritise its work so that key frontline services were protected and delivered in line with our service standards, although it did mean some delay in delivering other development objectives. The Agency also implemented further measures to reduce General Administrative Expenditure and deferred plans to launch a leadership development programme. On a positive front the Agency has just introduced a new HR Management system which will streamline our administrative processes. The Agency has also established an innovation group to look at ways to improve our frontline services using the Customer Service Excellence model.

13. Ensure that the Agency operates in a sustainable and environmentally responsible manner. The Agency takes very seriously its corporate commitment to comply with environmental best practice and to seek opportunities to reduce our carbon footprint. As a result, 42% of our waste was recycled, 54% was recovered for use as fuel, and just 4% was sent to landfill in 2016-17. We also continue to be mindful of the energy and water we use, within the constraints of operating from older, less environmentally efficient premises – environmental issues will be a consideration as the Agency reviews its longer term accommodation requirements. 14. Demonstrate the Value for Money (VfM) of the Agency’s services. The Agency sought to demonstrate that it is achieving VfM at both a corporate and individual service delivery level. A VfM review of our purchasing activities was undertaken to ensure that the Agency was managing all procurements in line with best practice and to identify areas where improvements could be realised. Post project evaluations have demonstrated the value for money achieved from our investment in a new case management system and our IS Managed Service contract. With the public expenditure climate likely to be even more constrained in 2017-18 and beyond, the Agency commissioned two independent reviews in 2016-17 to inform our decision-making on how further efficiencies might be achieved. These were an organisation wide VFM review and a review of the Agency’s Corporate Services functions. The reports on these were received in May 2017 and the recommendations will be implemented during 2017-18. At a service delivery level the Agency exceeded targets in relation to Helpline waiting times/lost call rates and the completion of advisory cases within three months of receipt. We also substantially outperformed our target in relation to the numbers of individual cases referred to the Agency being subsequently dealt with by an employment tribunal. All of this was achieved in the context of quite difficult budget pressures.

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2.2 STRATEGIC REPORT cont’d ... 15. To operate the best and most appropriate channels of communication for clients to promote good employment relations. The Agency has been actively engaged in rolling out its digital strategy as part of our commitment to deliver more on-line services. The Agency’s new CMRS has been enhanced with the inclusion of an accessible web portal and an on-line functionality which will allow for a series of transactions to be completed remotely. The Agency has continued to be actively engaged in rolling out its digital strategy to make better use of IT and provide different channels of communication for our clients. Working in partnership with Belfast Metropolitan College, students helped us develop an ‘App’ that allows our clients to better access our information using smartphones. This has been available for download since February and will be formally launched in June 2017. Other IT investment during the year was in voice and data infrastructure to enhance our business continuity capability. A reaccreditation audit in November 2016 confirmed our continued compliance against the ISO 27001 information security quality standard. Lastly, at the year end, the development of a new IS Strategy that will support the Agency’s new Corporate Plan is well advanced.

2.3 OPERATIONAL STATISTICS THE YEAR IN FIGURES 85% of Advisory seminar delegates reported that they would now feel 42% of callers had not confident or very confident in previously used the Helpline. dealing with employment relations matters in the workplace. 53 seconds – average waiting time for callers using the 71% of Advisory seminar delegates Helpline. reported that they found the information and guidance very easy to understand.

89% of Advisory cases were completed within 3 months. Page views > 443K 96% of Advisory case customers Downloads > 30K reported that they amended documentation following Agency assistance.

4 Collective Conciliation cases >1.3K claims withdrawn during brought forward from 2015-16. Conciliation. 22 Collective Conciliation cases >4.1K claims were settled. received in 2016-17.

>600 proceeded to tribunal. 2 Collective Conciliation cases carried into 2017-18.

21 Independent Appeals / Arbitration cases brought forward 11 Mediation cases brought from 2015-16. forward from 2015-16. 37 Independent Appeals / 75 Mediation cases received in Arbitration cases received in 2016-17. 2016-17. 8 Mediation cases carried into 22 Independent Appeals / 2017-18. Arbitration cases carried into 2017-18.

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ACCOUNTABILITY REPORT

Chapter 3 Corporate Governance Report

LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

CORPORATE GOVERNANCE REPORT

The Agency has developed a corporate governance framework that is consistent with best practice standards and the requirements of Managing Public Money (Northern Ireland). This aspect of the report provides a brief overview of the governance framework which is explored in more detail in the Governance Statement.

The Board of the Agency comprises the Chair and nine other members appointed by the sponsor Department on the basis of their knowledge of, and experience in, employment relations. All Board members are non-executives and their backgrounds reflect the Agency’s statutory role in providing impartial services to employees, employers and their representative bodies.

Members of the Board are appointed under the Commissioner for Public Appointments Regulations administered through the Agency’s sponsor Department, the Department for the Economy (the Department for Employment and Learning until May 2016).

Each Board member receives an annual performance appraisal which includes a written assessment of their effectiveness on the Board. Completed assessments are returned to the sponsor Department.

The Board is responsible for establishing the strategic direction of the Agency and constructively challenging the Agency’s Senior Management Team (SMT) in their planning, target setting and delivery of performance. The Board establishes the Agency’s values and standards and ensures that its obligations to its stakeholders and others are understood and met.

A number of sub-committees help ensure there is adequate oversight of the Agency’s operations.

The Audit and Risk Assurance Committee (ARAC) provides the Board and the Accounting Officer with assurance about the effectiveness of the Agency’s internal control framework. The Committee meets at least four times per year.

The Finance and Personnel (F&P) Committee focuses on the effectiveness of corporate management in the Agency (Finance, HR, IS/IT, and Premises). Its role is to challenge/support the work of the SMT; and to provide advice that will better inform the Board’s decision making.

The Research Committee’s role is to advance the Agency’s research agenda. Given the nature of the Agency’s objectives for 2016-17, the Committee did not meet during the year. It is, however, expected to play a significant role in advancing key elements of the Agency’s new Corporate Plan, which will have a particular focus on evidencing the economic and social value of good employment relations.

The Chairs of the Board committees provide updates at Board meetings.

In March 2017, the Board held an externally facilitated workshop to review the effectiveness of its corporate governance arrangements. A programme of work has flowed from this, which will result in a greater emphasis by the Board on strategy. The structure of Board meetings, Standing Orders for Board meetings, and the terms of reference for committees will be reviewed in light of this.

By statute, the Agency is required to pay the Certification Officer’s (CO) remuneration and to provide support services. A Memorandum of Understanding (MoU) sets out working arrangements and lines of accountability between the CO, the Agency and the Department.

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Chapter 4 Directors’ Report

LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

4.1 PEN PORTRAITS OF CHAIR AND BOARD MEMBERS Chairperson and Chief Executive The Chair of the Labour Relations Agency during 2016-17 was Marie Mallon. The Chief Executive was Tom Evans. Board The overall strategic direction and governance arrangements of the Agency, and the delivery of its functions as set out in legislation, are set and overseen by a Board. Board members are appointed by the Minister for the Economy (the Minister for Employment and Learning until May 2016). Pen portraits of the Chair and Board members are below. Further information about the Agency’s Board is set out in the Governance Statement on pages 51 to 56. Details of Board members’ remuneration is set out in the Remuneration and Staff Report on pages 57 to 65. Pen Portraits of Chair and Board members

Ms Marie Mallon (Chair) Ms Mallon was appointed to the Chair of the Labour Relations Agency with effect from 1 August 2014 following her retirement from the post of Deputy Chief Executive/Director of HR in the Belfast Health and Social Care Trust. Prior to this Marie held many senior posts within Health and Social Care and was a member of the Industrial and Fair Employment Tribunals for 15 years. She is currently an associate of the Health and Social Care Leadership Centre and also undertakes independent HR consultancy.

Ms Louise Crilly Ms Crilly, appointed as an Independent Member to the Board, is a practising lawyer with over 18 years’ experience of legal practice in both the private and public sectors in Northern Ireland. For the last 14 years she has specialised in employment law and is currently the senior legal advisor working in the Police Service of Northern Ireland (PSNI).

Mrs Deirdre Fitzpatrick Mrs Fitzpatrick was appointed as an Independent Member to the Board. Deirdre is a management consultant, and runs her own consultancy practice. She works across the public, private and voluntary sectors and is very active in training and consultancy work with Small and Medium-Sized Enterprises (SMEs). Deirdre set up Northern Ireland's first Business Incubation Centre, and she also established a property management company. Deirdre is a Board member of The Gerry Rogan Initiative Trust which works with disengaged young people, helping them back into education, training and employment. She is a former Board member of the Northern Ireland Consumer Council, and was a member of their Audit Committee. Deirdre holds an honours degree in Business with Accounting and MBA from Queen’s University, Belfast. Page 46 | Chapter 4 LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

Ms Michelle McGinley Ms McGinley, appointed as an Employer Representative to the Board, is a qualified solicitor who works for Engineering Employers’ Federation (EEF), a not for profit organisation advising and supporting a wide range of businesses throughout Northern Ireland on employment matters. Prior to joining EEF in 2003, Michelle worked in private practice in both Great Britain and Northern Ireland specialising in defence employment litigation. Michelle also taught at a Law School. Michelle advises and represents a wide range of organisations before the Industrial and Fair Employment Tribunals and is an accredited Solicitor Advocate and Mediator with the Law Society.

Mr Gary McMichael Mr McMichael has been the Chief Officer of the Northern Ireland charity Action on Substances through Community Education and Related Training (ASCERT) since 2001. He formerly served on Lisburn City Council for 12 years and was a member of the NI Civic Forum.

Mrs Alison Millar (Vice Chair) Mrs Millar is the General Secretary of the Northern Ireland Public Service Alliance (NIPSA). She has overall responsibility for the general work of the union as well as the management of all the staff and finances of the union. Alison is the key representative on many of the civil and public service negotiating bodies. Alison was previously the Deputy General Secretary for NIPSA and had responsibility for major policy issues including Welfare Reform, Review of Public Administration and matters relevant to the Health Service, Education, Libraries, Housing Executive and Local Government. Alison is also the lead negotiator on the Public Service Shared Service Programme which is a cross cutting initiative arising out of the Fresh Start Agreement. She is a member of the Executive Council of the Irish Congress of Trade Unions and a member of the Northern Ireland Committee of the Irish Congress of Trade Unions.

Mr Albert Mills Mr Mills is a trade unionist. From 2006, he was Chairman of the Amalgamated Transport and General Workers Union (ATGWU) Officers Negotiating Committee for Great Britain and Ireland, and played a major role during merger talks between ATGWU and Amicus to create Unite the Union. Albert was a Board member with the Civil Service Appeal Board from 1996 to 2010, and with the NI Local Government Superannuation Committee from 2000 to 2010.

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Ms Jill Minne Ms Minne is a Strategic Director at Belfast City Council and leads the Council’s organisation change programme. She also leads the Council’s work on addressing poverty, employability and skills and is responsible for delivery of the City Council’s Gender Action Plan. She manages the Council’s Chief Executive’s department, which includes strategic policy and planning, communications and organisational development functions and the City’s Lord Mayor’s Unit. Jill is a member of the Northern Ireland Joint Council and a Board member and Ambassador for the Women’s Fund NI.

Mr Daire Murphy Mr Murphy, who was appointed as an Employee Representative, practised as a barrister across all areas of law for eight years before joining the Law Centre (NI) as a specialist employment legal adviser in 2003. As a specialist employment legal adviser, Daire’s work addresses employment relations issues intensively on a daily basis. Daire is an elected trade union representative, dealing with both organisational and individual issues on behalf of colleagues and is also an accredited Centre for Effective Dispute Resolution (CEDR) Mediator, trained in developing relationships and constructively challenging assumed positions in order to work through disagreements and disputes.

Ms Pauline Shepherd Ms Shepherd is currently the CEO for the Independent Health and Care Providers (IHCP) which is a membership organisation for private, charity and church-affiliated organisations providing health and care services to vulnerable adults and older people in Northern Ireland. Pauline’s experience includes working at board, chief executive and non-executive director levels in the public and voluntary sectors. Past positions include Interim Chief Executive of the charity Extern, HR Director in NI Water and Director of Finance and Personnel in NI Prison Service. She is also currently a Board member for the Probation Board NI.

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Senior Management Team The day to day management of the Agency is undertaken by a Senior Management Team, comprising the Chief Executive and three Directors.

Further information about the Senior Management Team is set out in the Governance Statement on pages 51 to 56.

Details of Senior Management Team members’ remuneration is set out in the Remuneration and Staff Report on pages 57 to 65.

Register of Interests The Register of Interests of Board and Senior Management Team members is published on the Agency’s website.1

Pension liabilities Details of the Agency’s pension schemes are set out in the Remuneration and Staff Report on pages 57 to 65.

Creditor payment, policy and performance The Agency is committed to the prompt payment of bills for goods and services received, in accordance with the Government’s Better Payments Practice Payment Code. Unless otherwise stated in the contract, payment is due within 30 days of the receipt of the goods or services, or presentation of a valid invoice or similar demand, whichever is later. In 2016-17, 97% of invoices were paid within 30 days (2015-16: 96%).

In December 2008, the Finance Minister announced that public bodies had been set a target of ensuring that invoices are paid within 10 working days, in order to help local businesses. In 2016-17, the Agency paid 54% of invoices (2015-16: 62%) within the 10 working day target.

Charitable donations There were no charitable donations made during 2016-17 (2015-16: £nil).

Personal data related incidents The Agency incurred no personal data breaches in 2016-17 (2015-16: none).

Complaints Procedure No complaints about the Agency were received in 2016-17 (2015-16: none).

No matters about us were referred to the Northern Ireland Ombudsman for investigation in 2016-17 (2015-16: none).

4.2 ACCOUNTING OFFICER RESPONSIBILITIES The Agency is an executive Non-Departmental Public Body (NDPB) otherwise classified as an Arm’s Length Body (ALB).

The Board of the Agency has appointed a Chief Executive Officer (CEO) who is the most senior executive reporting to the Board and responsible for the performance of the organisation.

The CEO is also appointed by the Principal Accounting Officer of the sponsor Department as the Accounting Officer for the Agency. As the Accounting Officer the CEO is responsible to the Board and is also accountable to the Assembly for the Agency’s use of resources in carrying out its functions as set out in the governing legislation and the Management Statement and Financial Memorandum (MSFM).

1 The Register of Interests is available here: https://www.lra.org.uk/publications/agency-publications/corporate-matters/ register-of-board-member-interests/.

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4.2 ACCOUNTING OFFICER RESPONSIBILITIES cont’d ... The Agency’s Accounting Officer takes personal responsibility for the following matters:  regularity and propriety, including seeking Department of Finance (DoF) approval for any expenditure outside the normal delegations;  selection and appraisal of programmes and projects: using the Green Book (supported by additional DoF guidance) to evaluate alternatives, and good quality project and programme management techniques;  value for money: ensuring that the Agency’s procurement, projects and processes are systematically evaluated and assessed to provide confidence about suitability, effectiveness, prudence, quality, good value and avoidance of error and other waste, judged for the public sector as a whole and not just for the Agency;  management of opportunity and risk to achieve the right balance commensurate with the Agency’s business and risk appetite;  learning from experience, both using internal feedback, and from right across the public sector; and  accounting accurately for the Agency’s financial position and transactions: to ensure that published financial information is transparent and up to date, and that the Agency’s efficiency in the use of resources is tracked and recorded.

The Accounting Officer is also responsible for ensuring the preparation of resource accounts for each financial year. The accounts are prepared on an accruals basis and comply with the requirements of the latest version of the Treasury’s Government Financial Reporting Manual.

The CEO as the Accounting Officer personally signs:  the Agency’s accounts;  the Annual Report; and  the Governance Statement.

As the Agency’s Accounting Officer is not a member of the Board, the accounts are therefore also signed by the Board Chair.

The MSFM agreed between the Agency and its sponsor Department always envisages the sponsor Department exercising meaningful oversight of the Agency’s strategy and performance, pay arrangements and/or major financial transactions, e.g. by monthly returns, standard delegations, exception reporting or other techniques. The Agency refers to their sponsor Department any activities which appear novel, contentious, or repercussive; in turn the sponsor Department may need to seek DoF approval.

There is at times some sensitivity around the role of the Accounting Officer of an ALB which is governed by an independent Board. Where the Chair or Board is minded to instruct the Accounting Officer to carry out some course of action which appears inconsistent with his role as Accounting Officer, then he should make his reservations clear, preferably in writing. If the Board is minded nevertheless to proceed, the Accounting Officer will then:  inform the Accounting Officer of the sponsor Department without undue delay who will need to consider intervening to resolve the difference of view, preferably in writing;  if the Board’s decision stands, seek its written direction and ask the sponsor Department to inform DFP;  proceed to implement without delay; and  inform the Comptroller and Auditor General (C&AG) of what has happened.

As Accounting Officer I confirm that, as far as I am aware, there is no relevant audit information of which the Agency’s auditors are unaware and I have taken all necessary steps to establish this.

I confirm that the annual report and accounts as a whole is fair, balanced and understandable, and I take personal responsibility for this.

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4.3 GOVERNANCE STATEMENT 2016-17 Scope of responsibility As Accounting Officer, I have responsibility for maintaining an effective system of governance and internal control that supports the achievement of the Agency’s policies, aims and objectives, whilst safeguarding the public funds and assets for which I am personally responsible, in accordance with the responsibilities assigned to me in Managing Public Money (NI). In delivering this role I provide regular updates to the Agency’s Board on performance against the targets specified in the annual business plan supported by my Senior Management Team (SMT) and the Audit and Risk Assurance Committee (ARAC) which regularly monitors the Agency risk management activities.

2. The Purpose of the System of Internal Control This Governance Statement for which I, as Accounting Officer, take responsibility is designed to give a clear understanding of how the duties detailed above have been carried out during the 2016-17 reporting period.

The Agency is a Non-Departmental Public Body (NDPB), governed by a Board. The Board is responsible for determining the Agency’s strategic direction, policies and priorities, and for ensuring that the Agency’s statutory duties are carried out effectively. In relation to governance the Board is supported by two sub-committees, the Audit and Risk Assurance Committee (ARAC) and the Finance and Personnel (F&P) Sub-Committee. Day-to-day operations are managed by the SMT comprising the Chief Executive and three Directors responsible for two frontline services (Advisory and Conciliation/ Arbitration) and Corporate Services.

Prior to the restructuring of the Northern Ireland Civil Service on 8 May 2016 the Agency was sponsored by the Department for Employment and Learning (DEL) and for the remainder of the reporting period the sponsorship role fell to the Department for the Economy (DfE), with whom the Agency had regular accountability review meetings. In addition the Agency provided the sponsor Department with copies of all Board papers, the Corporate Risk Register, audit papers/reports and regular financial management information. The respective roles of the Agency and the sponsor Department are set out in the Agency’s Management Statement and Financial Memorandum (MSFM). I reported to the Board on the Agency’s compliance with our MSFM and provided a mid-year and end of year assurance statement to the sponsor Department’s Accounting Officer. The continuity of support provided by the sponsor team within DfE ensured that the restructuring of Government Departments from 8 May 2016 had no adverse impact on the Agency’s governance arrangements.

3. The Agency’s Governance Structure The governance structure is designed to manage risk to a reasonable level rather than to eliminate all risk of failure to achieve policies, aims and objectives; it can therefore only provide reasonable and not absolute assurance of effectiveness. The system of internal control is designed to: identify and prioritise those risks that may have a material impact on the achievement of the Agency’s strategic objectives; to evaluate the likelihood and impact of those risks being realised; and to manage them efficiently and effectively.

The system of governance has been in place throughout the year ended 31 March 2017 and up to the date of approval of the Annual Report and Accounts 2016-17, and accords with the Corporate Governance in Central Government Departments Code of Good Practice (NI) 2013. While the 2013 Code is written for departments, it is based on key principles that apply equally to NDPBs. The Agency complies with the practices set out in the Code wherever it is relevant and practical and in a way that is consistent with its business needs.

The Agency’s governance structure provides clarity and accountability in managing the delivery of its strategic objectives. It ensures that the Agency has the capacity to make decisions, monitor performance and assess and manage resources and risk.

The Agency’s Board The Board establishes the strategic direction, policies and priorities for the Agency, and through regular monitoring ensures that all agreed strategic objectives and targets are met. The Board also strives to observe the highest standards of corporate governance, in line with the provisions of the Code of Good Practice (NI). The Agency Board Code of Good Practice, Standing Orders and the Code of Conduct for Board members set out the general responsibilities of Board members.

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4.3 GOVERNANCE STATEMENT 2016-17 cont’d ... The Board consists of the Chair and nine members from employer, employee and independent backgrounds, appointed by the responsible Minister. The Board considers itself to be effective in:  establishing the Agency’s overall strategic direction within the policy framework set out in statute and the resources framework agreed with the sponsor Department;  overseeing the delivery of planned outcomes by monitoring performance against agreed strategic objectives and targets;  ensuring that the Agency operates within the limits of its statutory and financial delegated authority, agreed with its sponsor Department and in accordance with any other conditions relating to the use of public funds. Members of the Board have a duty to ensure that public funds are properly safeguarded and that the Agency conducts its operations as economically, efficiently and effectively as possible, with full regard to relevant statutory provisions;  ensuring that the Agency has policies and procedures in place to comply with Freedom of Information and Data Protection legislation, including prompt response to public requests for information and the appropriate treatment of personal data;  ensuring that the Agency operates sound environmental policies and practices in accordance with relevant Government guidance; and  ensuring that high standards of corporate governance are observed at all times.

The Board’s quorum is five. Board members’ attendance for 2016-17 was as follows:

Marie Mallon (Chairperson) 11/11 Louise Crilly 8/11 Deirdre Fitzpatrick 9/11 Michelle McGinley 10/11 Gary McMichael 7/11 Alison Millar 10/11 Albert Mills 9/11 Jill Minne 9/11 Daire Murphy 11/11 Pauline Shepherd 10/11

The Audit and Risk Assurance Committee (ARAC) The ARAC is a sub-committee of the Agency Board and supports the Chief Executive in delivering on his responsibilities for risk and control, governance, finance and the provision of appropriate assurance. The Committee is an advisory body with no executive powers. The Committee’s membership is constituted by members of the Board with members of the SMT, Internal and External Audit, and the sponsor department in attendance.

The specific duties of the Committee are to:  review corporate governance assurances including the Agency’s systems for the assessment and management of risk, the Governance Statement and monitoring arrangements for maintaining standards of business conduct and probity;  review the accounting policies and accounts including the process for review of the accounts prior to submission for audit, levels of error identified and management's letter of representation to the external auditors;  consider the planned activity and results of both internal and external audit work;  consider the adequacy of management's response to issues identified by audit activity, including external audit's Management Letter; and  consider assurances relating to corporate governance requirements.

Under the direction of the Chair, the ARAC has ensured that the Committee delivered on its terms of reference in accordance with established governance standards; by conducting a detailed self- assessment using a tailored version of the National Audit Office checklist; and where appropriate adjusting individual meeting agendas to address any emerging business critical matters. The ARAC

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4.3 GOVERNANCE STATEMENT 2016-17 cont’d ... chair provides feedback at each ARAC meeting on the matters discussed at in-camera sessions. The Chair of the ARAC presented the ARAC’s 2015-16 annual report to the June 2016 Board meeting and also briefed the Board on the outcomes from the three other meetings held in 2016-17.

The June 2016 ARAC meeting dealt with the ‘2015-16 draft Report to Those Charged with Governance’ (RTTCWG), the draft Annual Report and Accounts, Internal Audit’s Final Annual Assurance Statement and draft Internal Audit programme for 2016-17. At the September 2016 meeting terms of reference for each element of Internal Audit’s work programme were approved and a range of general governance matters were considered including a detailed review of the Agency’s corporate risk register. At the December 2016 meeting the Committee agreed further changes to the corporate risk register, received the Chief Executive’s mid-year assurance statement and discussed the findings from two Internal Audit reports. At the March 2017 meeting the ARAC approved the Northern Ireland Audit Office’s (NIAO) external audit strategy, agreed the timeline for production of the 2016-17 Annual Report and Accounts, received three Internal Audit reports and approved terms of reference for a Value for Money review. The ARAC also approved the tender specification for the procurement of a new Internal Audit service and agreed to hold a separate workshop in May 2017 to review the structure and content of the corporate risk register to ensure appropriate alignment with the Agency’s new Corporate Plan.

The ARAC’s quorum is three. ARAC members’ attendance in 2016-17 was as follows:

Deirdre Fitzpatrick (Chairperson) 4/4 Louise Crilly 4/4 Gary McMichael 1/4 Alison Millar 4/4 Daire Murphy 3/4 Pauline Shepherd 3/4

The Finance and Personnel (F&P) Committee The F&P Committee fulfills an advisory role on a wide range of corporate issues and is constituted by members of the Board with the Chief Executive, Director of Corporate Services and other members of the Corporate Services team in attendance.

The Committee held three meetings during the current reporting period but has agreed to meet quarterly in 2017-18. The Chair of the F&P Committee briefed the Board on the outcomes of the three meetings held in 2016-17.

The F&P Committee’s terms of reference are: (a) consider and report to the Board on planning for and the management of Agency resources e.g. financial, staffing and accommodation; (b) consider and report to the Board on policy and strategic matters relating to finance and personnel; (c) monitor, in line with the annual business plan, the financial performance of the Agency; (d) monitor, in line with the annual business plan, staffing, equality and organisational development matters; (e) monitor the evaluation of Agency services in respect of performance and quality; (f) undertake such duties as determined by the Board under agreed Agency employment policies and procedures e.g. the Agency Discipline and Grievance Procedures; (g) consider a report from the Chair of the Board on the annual performance appraisal of the Chief Executive; (h) undertake such other duties as may, from time to time, be determined and delegated by the Board; (i) in relation to the above duties, receive reports, advice and recommendations from the Chief Executive. The F&P Committee members’ attendance in 2016-17 was as follows: Albert Mills (Chairperson) 3/3 Michelle McGinley 3/3 Jill Minne 3/3 Page 53 | Chapter 4 LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

4.3 GOVERNANCE STATEMENT 2016-17 cont’d ... The Senior Management Team (SMT) Membership of the SMT consists of the Chief Executive and the three Directors responsible for Advisory, Corporate, and Conciliation & Arbitration Services. The SMT is responsible for the day-to-day management of the Agency ensuring that all major policies are implemented and significant operational priorities are addressed. Meetings are held weekly with a flexible agenda based on time-critical operational issues with a formal SMT meeting held on a monthly basis where a standard agenda applies.

The Agency’s corporate risk register is reviewed at the monthly formal SMT meeting. The Directors also have monthly management/team meetings which provide the opportunity to consult and communicate on the strategic direction of the Agency. The Chief Executive attends individual management/team meetings as required to brief and consult staff on key strategic priorities.

The terms of reference for the SMT are as follows:  ensure the delivery of high quality, responsive services that contribute to the improvement of employment relations and working life;  under the direction of the Board develop the Corporate and annual Business Plans;  monitor, improve and report on the performance against objectives set out in annual Business Plans;  ensure the delivery of the Agency’s statutory duties, powers and strategic objectives making certain that appropriate processes and reasonable controls are maintained;  ensure that all public funds made available to the Agency, including any approved income or other receipts, are used in accordance with the statutory duties, and that these, together with the Agency’s assets, equipment and staff, are used economically, efficiently and effectively;  maintain effective change management systems, enabling the Agency to continuously improve in relation to the delivery of its mission and objectives; and  ensure that the Agency meets its statutory duties under Section 75 of the Northern Ireland Act (1998).

Board Effectiveness In line with established corporate governance standards, all Boards and Board Sub-Committees should carry out an annual assessment of their effectiveness.

The Agency’s Board Chair is appraised by the Department annually. The Chair also undertakes Board member appraisals on an annual basis. Board member training and development along with conflicts of interest are standing agenda items at each Board meeting. The Board agreed that collective training around board effectiveness should be a priority during the reporting period. In addition, the Board completed an assessment of its performance during 2016-17 using the CIPFA self-assessment checklist. The feedback from this self-assessment exercise was very positive in providing substantial assurance that the Agency complies with good governance standards for Boards in Northern Ireland.

The Board and the SMT also conducted an assessment of the Board’s operations against the NIAO’s Board Effectiveness Guide which identified a number of areas for further development. The Board then held a facilitated Governance Workshop in March 2017 which included some formal governance training and provided a further opportunity to reflect on Board performance. The feedback from the Governance Workshop was that the Board is already operating effectively but that there is value in putting in place a Board Improvement Plan. The Board agreed an action plan that focuses on the following themes; streamlining of Board processes; ensuring appropriate attention to governance and monitoring of performance; and greater emphasis on strategic discussion to inform the development of the Agency’s new corporate plan in the context of a new Programme for Government.

The review of the Board’s performance was also informed by the ARAC’s own detailed self-assessment which confirms that the ARAC is in compliance with the National Audit Office requirements. In line with best practice the ARAC has decided to move to four meetings per year and has asked that all governance-related policies are updated as a matter of priority. The work of the F&P Committee has also provided a very important contribution to Board Effectiveness.

A critical priority for the Board is to monitor performance against targets within the Business Plan. The Board monitors performance against business plan targets using a RAG classification system and through a range of subject-specific papers presented by the SMT. Internal Audit commented favorably

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4.3 GOVERNANCE STATEMENT 2016-17 cont’d ... on the efficacy of the current business plan performance reporting system and has made some suggestions as to how the current system can be further improved. In general terms the information received during the current reporting period was considered adequate to allow the Board to exercise its overall functions of (1) keeping in touch with current employment relations issues and stakeholders, (2) determining the policy, strategy and business agenda of the Agency and (3) ensuring the effective performance of the Agency through acceptable governance and management arrangements as delivered by the Chief Executive/Accounting Officer and the SMT. The recent governance workshop has identified a number of actions that will further assist the Board in delivering on its governance responsibilities

The Agency Board is committed to improving the existing governance arrangements and is actively considering the suitability of a range of external governance frameworks as a mechanism for strengthening and bringing greater coherence to all of the Agency’s governance activities.

4. The Risk and Internal Control Framework It is the Board/ARAC on the advice of the Chief Executive which decides on the risk appetite of the Agency. In policy terms, the position of the Agency is as follows: (a) For matters of statutory and legal compliance and for matters linked with public sector values such as fairness and openness, the Agency is risk averse. This means that it will maximise its controls in this area and avoid significant levels of residual risk wherever possible. Where not avoidable, the Agency will protect itself, for example through the provision of contingencies and insurance. (b) For matters which are in the realm of developing good employment relations within the province and which have the potential to directly or indirectly stimulate the economy, the Agency will be willing to accept a degree of risk which is commensurate with that in the province’s economic and business environment. However, in that context, the formality of its risk assessment and the management arrangements and controls put in place to mitigate risk will be scrutinised firstly by the SMT and thereafter by the Board through its ARAC.

The Agency Board has delegated responsibility for the ongoing management of risk to the SMT with the Chief Executive reporting on progress at each of the ARAC quarterly meetings. At least annually, the Board reviews and challenges the Corporate Risk Register including the Agency’s appetite for risk. At each ARAC meeting the risks are reviewed to ensure that risk management processes are in place and are effective.

The SMT meets regularly to review performance against the annual business plan and to assess and monitor key corporate risks in line with the business planning cycle. The risk management policy defines how risk is managed and is explicit on the roles and responsibilities of all relevant staff. Individual members of the SMT have lead responsibility for monitoring each of the Agency’s corporate risks.

The identification and assessment of risk is fully embedded within the Agency’s business planning cycle. The annual Business Plan and individual project plans contain an explicit assessment of risk. The Agency’s (Section 75) Equality Scheme is highly influenced by an “Audit of Inequalities”, the output of which is a statement of Equality Risk which is incorporated in the risk register.

The level of risk is determined by assessing the impact and time weighted likelihood of particular scenarios arising. Internal Audit findings, the wider policy, funding and economic context are all considered when reviewing the risk register. The Agency currently recognises the following high level risks:  The Agency loses credibility and does not adequately influence changes in the NI employment relations environment;  The loss of the Agency’s reputation for the provision of high quality, independent and impartial employment relations services;  Failure to deliver key 2014-17 corporate and business objectives due to budget pressures;  The Agency’s information systems do not adequately support business-critical operations;  Non-compliance with relevant legislation results in the loss, misuse of data and a failure to properly disclose information leading to reputational damage;  Failure to demonstrate value for money (VfM);  The Agency fails to meet its statutory equality duties and equality best practice standards;  The Agency may encounter significant skills deficits following the retirement/departure of Board members/senior staff.

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4.3 GOVERNANCE STATEMENT 2016-17 cont’d ... Even though none of the above risks were realised during 2016-17 the Agency continued to strengthen its internal control measures. The ARAC has agreed to hold a risk management workshop in May 2017 to ensure that the Agency’s corporate risk register is fully reflective of the challenges and commitments set out in the new 2017-21 Corporate Plan.

5. Review of Effectiveness As Accounting Officer, I have responsibility for conducting an annual review of the effectiveness of the Agency’s governance, risk management and internal control systems. My assessment is informed by the following mechanisms; the findings/recommendations arising from Internal Audit’s annual plan and the annual Internal Audit Assurance Report; the assurances provided by the Agency’s executive managers who have responsibility for the development of/and adherence to the internal control framework; the opinion of the Comptroller and Auditor General as set out in the Northern Ireland Audit Office’s Report to Those Charged with Governance; and the work of the ARAC, the Board and the F&P Sub-Committee.

This Governance Statement represents the end product of my assessment of the effectiveness of the Agency’s governance, risk management and control framework for 2016-17, which has provided a satisfactory level of assurance.

In summary, the following actions have been taken to ensure that the Agency delivers on its accountability commitments:  the Board meets regularly to monitor performance against the targets in the operational plan and to set the strategic direction for the Agency;  the SMT meets regularly to review operational performance and to ensure that corporate risks are being appropriately managed;  the ARAC’s detailed consideration of internal and external audit reports;  Internal Audit reporting is to Public Sector Internal Audit Standards. Each year, through its annual assurance, the Head of Internal Audit provides an opinion on the adequacy and effectiveness of the Agency’s internal controls together with any recommendations for improvement;  the Chair of the ARAC reports to the Board after each Audit Committee meeting;  the SMT discusses progress made in implementing outstanding Internal Audit recommendations;  Internal Audit gave an overall “Satisfactory” annual assurance in relation to risk management, control and governance notwithstanding the significant control issues identified though the review of records management. In all respects the recommendations associated with the audit opinion have been accepted fully by management and are being implemented;  the Corporate Risk Register is regularly reviewed and updated by the SMT, ARAC and the Board;  monthly performance reports to the Board are provided which detail progress against business plan objectives and the extent of achievement of key performance indicators. These reports allow the Board and the SMT to make informed decisions in relation to priorities and resources.

During this financial year, the Agency has continued to optimise the use of its resources in light of reducing budgets; and significant progress has been made. The impact of in-year budget constraints resulted in a delay in filling permanent vacancies and created operational pressures. Through appropriate management interventions all key service delivery targets were met. The Agency has taken steps to mitigate any negative impacts of the current budget pressures but does recognise that this may not be sustainable in the longer term.

The Agency has continued to identify savings in areas of discretionary expenditure; however the potential to identify further reductions is limited given the current public sector funding constraints. In this context, the Agency is finding it much more difficult to plan for and resource new initiatives such as the introduction of Early Conciliation and the development of an Employment Relations model for Northern Ireland.

I have considered all available evidence in the production of this Governance Statement; my assessment is that the Agency’s governance structures and control measures have been appropriate and have been working satisfactorily throughout 2016-17.

nd ______22 June 2017 Accounting Officer LRA Date Page 56 | Chapter 4 LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

4.4 REMUNERATION AND STAFF REPORT FOR YEAR ENDED 31 MARCH 2017

A. REMUNERATION REPORT

REMUNERATION POLICY As an NDPB, members of staff of the Labour Relations Agency are not civil servants. However, staff of the Agency, whether on permanent or temporary contract, are subject to levels of remuneration and terms and conditions of service (including superannuation) within the general NICS pay structure as approved by the Department and The Department of Finance.

The Minister of Finance approves the pay remit for Senior Civil Service (SCS) staff. The SCS remuneration arrangements are based on a system of pay scales for each SCS grade containing a number of pay points from minima to maxima, allowing progression towards the maxima based on performance.

SERVICE CONTRACTS Civil service appointments are made in accordance with the Civil Service Commissioners’ Recruitment Code, which requires appointment to be on merit on the basis of fair and open competition but also includes the circumstances when appointments may otherwise be made.

Unless otherwise stated below, the officials covered by this report hold appointments which are open- ended. Early termination, other than for misconduct, would result in the individual receiving compensation as set out in the Civil Service Compensation Scheme.

Further information about the work of the Civil Service Commissioners can be found at www.nicscommissioners.org

SALARY AND PENSION ENTITLEMENTS The following sections provide details of the remuneration and pension interests of the most senior officials of the Agency.

SALARY ‘Salary’ includes gross salary; performance pay and overtime and any other allowance to the extent that it is subject to UK taxation and any gratia payments. The Agency makes no other payments to Board members or staff other than expenses, travel and subsistence.

BONUS PAYMENTS Bonus payments were not made to Board members or staff.

BENEFITS IN KIND The monetary value of benefits in kind covers any benefits provided by the employer and treated by HM Revenue and Customs as a taxable emolument.

There were no benefits in kind paid to any member of staff or to members of the Board of the Agency.

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Remuneration (including salary) and pension entitlements (Audited information)

2016-17 2015-16

Benefits in Pension Benefits in Pension Kind (to Benefits Kind (to Benefits (to Salary nearest (to nearest Total Salary nearest nearest Total Board members £000 £100) £1,000) £000 £000 £100) £1,000) £000

Mrs M Mallon 20-25 - - 20-25 20-25 - 10 5-10 Mrs A Millar 5-10 - - 5-10 5-10 - - 5-10 Mr G McMichael 5-10 - - 5-10 5-10 - - 5-10 Mr A Mills 5-10 - - 5-10 5-10 - - 5-10 Ms P Shepherd 5-10 - - 5-10 5-10 - - 5-10 Mrs D Fitzpatrick 5-10 - - 5-10 5-10 - - 5-10 Mrs J Minne 5-10 - - 5-10 5-10 - - 5-10 Mr D Murphy 5-10 - - 5-10 5-10 - - 5-10 Mrs L Crilly 5-10 - - 5-10 0-5 - - 5-10 Mrs M McGinley 5-10 - - 5-10 0-5 - - 5-10 Management T Evans 125- 65-70 - 18 88-90 65-70 - 63 Chief Executive 130 **D Leeson (appointed 0-5 - 1 0-5 - - - - 1/3/17) P Holloway 50-55 - 12 62-65 50-55 - 7 55-60 D McGrath 50-55 - 12 62-65 50-55 - 7 55-60 ***G O’Neill to 30/09/16 20-25 - 5 30-35 40-45 - 11 51-55 part-time The Certification

Office: S Havlin 20-25 - 5 40-45 20-25 - 9 25-30 (part-time)

**The full time equivalent salary is £50-£55k per year.

***The full time equivalent salary is £50-£55k per year.

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Pension Benefits (Audited information) P Holloway D McGrath D Leeson G O’Neill S Havlin Chairman/Officials £ £ £ £ £

Value of pension benefits for single total 9,241 9,226 1,629 (9,612) 4,596 figure of remuneration in 2016-17 (£)

Value of pension benefits for single total 5-10,000 5-10,000 20-25,000 10-15,000 0-5,000 figure of remuneration in 2015-16 (£) Real increase in pension (£) in 568 568 97 (1,178) 480 31/03/16 – 31/03/17 Real increase in lump sum (£) in 1,705 1,703 - 15,073 - 31/03/16 – 31/03/17 Accrued pension at 27,100 27,313 - 9,671 2,336 31/03/17 or date of leaving Accrued lump sum at 81,299 81,939 - 47,617 * 31/03/17 or date of leaving CETV @ 31/03/17 or at date of leaving 565 532 50 217 23 (nearest £k) CETV @ 31/03/16 or at date of leaving 559 527 50 223 18 (nearest £k) Employee Contributions and transfers-in 3,833 3,833 - 1,130 5,011 (£) Real increase (decrease) in CETV as 8 7 - 5 -1 funded by employer (nearest £k)

M Mallon T Evans Chairman / Officials £ £ Value of pension benefits for single total figure of remuneration 10,081 29,553 in 2016-17 (£) Value of pension benefits for single total figure of remuneration 5-10,000 60-65,000 in 2015-16 (£)

Real increase in pension (£) in 31/03/16 – 31/03/17 - 1,503

Real increase in lump sum (£) in 31/03/16 – 31/03/17 - 4,509

Accrued pension at 375 37,011 31/03/17 or date of leaving

Accrued lump sum at 31/03/17 or date of leaving * 111,031

CETV @ 31/03/17 or at date of leaving (nearest £k) 6 810

CETV @ 31/03/16 or at date of leaving (nearest £k) 6 783

Employee Contributions and transfers-in (£) 1,318 5,016

Real increase in CETV as funded by employer (nearest £k) 7 28

*A lump sum for M Mallon and S Havlin is not fixed, so is not determinable.

Page 59 | Chapter 4 LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

NORTHERN IRELAND CIVIL SERVICE PENSION ARRANGEMENTS Pension benefits are provided through the Northern Ireland Civil Service pension arrangements which are administered by Civil Service Pensions (CSP). Staff in post prior to 30 July 2007 may be in one of three statutory based ‘final salary’ defined benefit arrangements (classic, premium, and classic plus). These arrangements are unfunded with the cost of benefits met by monies voted by the Assembly each year. From April 2011, pensions payable under classic, premium, and classic plus are increased annually in line with changes in the Consumer Prices Index (CPI). Prior to 2011, pensions were increased in line with changes in the Retail Prices Index (RPI). New entrants joining on or after 1 October 2002 and before 30 July 2007 could choose between membership of premium or joining a good quality ‘money purchase’ stakeholder arrangement with a significant employer contribution (partnership pension account). New entrants joining on or after 30 July 2007 are eligible for membership of the nuvos arrangement or they can opt for a partnership pension account. Nuvos is a “Career Average Revalued Earnings” (CARE) arrangement in which members accrue pension benefits at a percentage rate of annual pensionable earnings throughout the period of scheme membership. The current rate is 2.3%. CARE pension benefits are increased annually in line with increases in the CPI.

A new pension scheme, alpha, was introduced for new entrants from 1 April 2015. The majority of existing members of the NICS pension arrangements will move to alpha from that date. Members who in 1 April 2012 were within 10 years of their normal pension age will not move to alpha and those who were with 13.5 years and 10 years of their normal pension age were given a choice between moving to alpha on 1 April 2015 or at a later date determined by their age. Alpha is also a “Career Average Revalued Earnings” (CARE) arrangement in which members accrue pension benefits at a percentage rate of annual pensionable earnings throughout the period of scheme membership. The rate will be 2.32%. CARE pension benefits are increased annually in line with increases in CPI.

Increases to public service pensions are the responsibility of HM Treasury. Pensions are reviewed each year in line with the cost of living. Increases are applied from April and are determined by the CPI figure for the preceding September. The CPI in September 2016 was 1% and HM Treasury has announced that public service pensions will be increased accordingly from April 2017.

The employee contribution rates for all members for the period covering 1st April 2017 to 31st March 2018 year are as follows:

SCHEME YEAR 1ST APRIL 2017 TO 31ST MARCH 2018 Annualised Rate of Pension- Contribution rates- Clas- Contribution rates- All able Earnings (salary sic plus, premium, nuvos other members bands) and alpha From 01 April 2017 to From 01 April 2017 to From – To 31 March 2018 31 March 2018 From £0 to £15,000.99 4.6% 4.6% From £15,001 to £21,422.99 4.6% 4.6% From £21,423 to £51,005.99 5.45% 5.45% From £51,006 to £150,000.99 7.35% 7.35% £150,001 and above 8.05% 8.05%

Benefits in classic accrue at the rate of 1/80th of pensionable salary for each year of service. In addition, a lump sum equivalent to three years’ pension is payable on retirement. For premium, benefits accrue at the rate of 1/60th of final pensionable earnings for each year of service. Unlike classic, there is no automatic lump sum (but members may give up (commute) some of their pension to provide a lump sum). Classic plus is essentially a variation of premium, but with benefits in respect of service before 1 October 2002 calculated broadly as per classic.

The partnership pension account is a stakeholder pension arrangement. The employer makes a basic contribution of between 8% and 14.75% (depending on the age of the member) into a stakeholder pension product chosen by the employee. The employee does not have to contribute but where they do make contributions, the employer will match these up to a limit of 3% of pensionable salary (in addition to the employer’s basic contribution). Employers also contribute a further 0.5% of pensionable salary to cover the cost of centrally-provided risk benefit cover (death in service and ill health retirement). Page 60 | Chapter 4 LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

SCHEME YEAR 1ST APRIL 2017 TO 31ST MARCH 2018 (CONTINUED)

The accrued pension quoted is the pension the member is entitled to receive when they reach pension age, or immediately on ceasing to be an active member of the scheme if they are at or over pension age. Pension age is 60 for members of classic, premium, and classic plus and 65 for members of nuvos. The normal pension age in alpha will be linked to the member’s State Pension Age but cannot be before age 65. Further details about the NICS pension arrangements can be found at the website www.finance-ni.gov.uk/topics/workings-northern-ireland

CASH EQUIVALENT TRANSFER VALUES A Cash Equivalent Transfer Value (CETV) is the actuarially assessed capitalised value of the pension scheme benefits accrued by a member at a particular point in time. The benefits valued are the member’s accrued benefits and any contingent spouse’s pension payable from the scheme. A CETV payment made by a pension scheme or arrangement to secure pension benefits in another pension scheme or arrangement when the member leaves a scheme and chooses to transfer the benefits accrued in their former scheme. The pension figures shown relate to the benefits that the individual has accrued as a consequence of their total membership of the pension scheme, not just their service in a senior capacity to which disclosure applies. The CETV figures and from 2003-04 the other pension details, include the value of any pension benefit in another scheme or arrangement which the individual has transferred to the NICS pension arrangements. They also include any additional pension benefit accrued to the member as a result of their purchasing additional years of pension service in the scheme at their own cost. CETVs are calculated in accordance with the Occupational Pension Schemes (Transfer Values) (Amendment) Regulations and do not take account of any actual or potential benefits resulting from Lifetime Allowance Tax which may be due when pension benefits are taken.

REAL INCREASE IN CETV This reflects the increase in CETV effectively funded by the employer. It does not include the increase in accrued pension due to inflation, contributions paid by the employee (including the value of any benefits transferred from another pension scheme or arrangement) and uses common market valuation factors for the start and end of the period. However, the real increase calculation uses common actuarial factors at the start and end of the period so that it disregards the effect of any changes in factors and focuses only on the increase that is funded by the employer.

ILL-HEALTH RETIREMENT There were no staff retiring due to ill-health in the 2016-17 year.

EXIT PACKAGES No exit packages were provided to staff in the 2016-17 year.

COMPENSATION FOR LOSS OF OFFICE No members of staff leaving the Agency in 2016-17 received compensation for loss of office.

Page 61 | Chapter 4 LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

PAY MULTIPLES 2016-17 2015-16 Non- Non- Salary (exc Consolidated Benefits Salary (exc Consolidated Benefits non-consol Performance in Kind non-consol Performance in Kind perf pay) Pay nearest perf pay) Pay nearest £’000 £’000 £100 £’000 £’000 £100 Chief Executive 65-70 - - 65-70 Nil Nil Band of the highest paid 65-70 Nil Nil 70-75 Nil Nil directors total remuneration Median Total 30.38 - - 28.50 Nil Nil Remuneration Ratio 2.39 2.55

Reporting Bodies are required to disclose the relationship between the remuneration of the highest paid director in their organisation and the median remuneration of the organisation’s workforce.

To calculate the median salary all salaries (other than that of the highest paid “director”) were listed in order of value and the median between the highest and lowest was taken.

In 2016-17, one employee, the Chief Executive was the highest-paid director with remuneration of 65- 70k.

In 2015-16, the Chief Executive was also the highest-paid director with remuneration of £65-70k.

The banded remuneration of the highest paid directors was £65-70k. The ratio between the Median Total Remuneration and the mid-point of the banded remuneration of the highest paid director was 2.39

Total remuneration includes salary, non-consolidated performance-related pay, and benefits-in-kind. It does not include severance payments, employer pension contributions and the cash equivalent transfer value of pensions.

Page 62 | Chapter 4 LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

B. STAFF REPORT

STAFF NUMBERS AND RELATED COSTS

2016-17 2015-16 B.1 Staff costs comprise:- £ £

Agency (excluding Certification Office):- Permanently employed staff: Wages and salaries (includes childcare vouchers) 1,924,328 1,945,031

Social security costs 170,832 135,252

Other pension costs – superannuation 413,044 415,329

2,495,612 2,508,204 Others:

Employment Agency Staff 69,736 61,159

Sub Total (excluding Certification Office) 2,577,940 2,556,771

Less recoveries in respect of outwards secondments (20,693) (84,146)

Total net Agency costs 2,557,247 2,472,625

The Certification Officer and assistants Wages and salaries 121,711 124,404 Social Security Costs 11,410 9,041 Other pension costs – superannuation 27,177 41,303 Total net Certification Office costs 160,298 174,748

TOTAL STAFF COSTS 2,717,545 2,647,373

Page 63 | Chapter 4 LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

STAFF NUMBERS AND RELATED COSTS cont’d …

2016-17 2015-16 B.2 The above staff costs are analysed as follows: £ £

Board members Chairman’s salary and other Board members fees 72,077 72,451 Social security costs 2,259 1,605 Other pension costs – superannuation re Chairman 6,425 6,404 80,761 80,460 Staff: Chief Executive and other management Salary 201,326 211,256 Social security costs 23,793 22,242 Other pension costs – superannuation 47,093 50,536 272,212 284,034 Operational: Salaries (includes child care vouchers) 1,267,582 1,249,042 Social security costs 110,539 84,218 Other pension costs – superannuation 269,752 261,800 1,647,873 1,595,060 Support: Salaries (includes travel card) 367,801 347,842 Social security costs 32,634 22,173 Other pension costs – superannuation 86,230 81,897

Employment agency staff 69,736 61,159

556,401 513,071 Total staff costs (excluding Certification Officer) 2,557,247 2,472,625 Certification Officer: Salary 20,933 20,726 Social security costs 1,771 1,743 Other pension costs - superannuation 4,776 18,262 27,480 40,731 Certification Office Support: Salaries 100,778 103,679 Social Security costs 9,639 7,297

Other pension costs - superannuation 22,401 23,041

132,818 134,018 Total Certification Office staff costs 160,298 174,748

TOTAL STAFF COSTS 2,717,545 2,647,373

B.3 Pension Costs The Northern Ireland Civil Service Pension Schemes (Northern Ireland) [PCSPS(NI)] are unfunded multi-employer defined benefit schemes but the Labour Relations Agency is unable to identify its share of the underlying assets and liabilities. The most up to date actuarial valuation was carried out as at 31 March 2012. This valuation is then reviewed by the Scheme Actuary and updated to reflect current conditions and rolled forward to the reporting date of the DOF Superannuation and Other Allowances Resource Accounts as at 31 March 2017.

Page 64 | Chapter 4 LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

STAFF NUMBERS AND RELATED COSTS cont’d …

For 2016-17, employers’ contributions of £454,938 were payable to the PCSPS(NI) pension arrangements (2015-16, £441,940) at one of three rates in the range 20.8% to 26.3% of pensionable pay, based on salary bands. The scheme’s Actuary reviews employer contributions every four years following a full scheme valuation. A new funding valuation scheme based on data as at 31 March 2012 was completed by the Actuary during 2014-15. This valuation was used to determine employer contribution rates for the introduction of Alpha from April 2015. For 2017/18 the rates will range from 20.8% to 26.3%. The contribution rates are set to meet the cost of the benefits accruing during 2016-17 to be paid when the member retires, and not the benefits paid during this period to existing pensioners.

Employees can opt to open a partnership pension account, a stakeholder pension with an employer contribution. One employee joined the partnership pension account in 2016/17.

Partnership Pension Account Employees can opt to open a partnership pension account, a stakeholder pension with an employer contribution. Employers’ contributions of £623 (2015-16 £NIL) were paid to one or more of the panel of three appointed stakeholder pension providers. Employer contributions are age-related and range from 8% to 14.75% (2015-16 3% to 14.7%) of pensionable pay. Employers also match employee contributions up to 3% of pensionable pay. In addition, employer contributions of £18, 0.5% (2015-16 £NIL, 0.5%) of pensionable pay, were payable to the NICS Pension schemes to cover the cost of the future provision of lump sum benefits on death in service and ill health retirement of these employees.

There were no prepaid pension costs at 31 March 2017.

B.4 Average number of persons employed The average number of whole-time equivalent persons employed during the year was as follows:

The number of Board members serving at any one 2016 – 17 2016-17 2016-17 2015-16 time during the year was: Male Female Total No Total No

Board Members (including Chairman) 3 7 10 10 The average number (full time equivalent) of:- Management (including Chief Executive) 3 1 4 4 Operational 17 22 39 44 Support 4 8 12 12 The Certification Officer (part-time) - 1 1 1 Certification Office Support Staff 2 2 4 4 26 34 60 65 Employment Agency staff 2 2 4 3 Total (including The Certification Officer) 31 43 74 78

4.5 Assembly Accountability and Audit Report There were no remote contingent liabilities as at 31 March 2017 (2015-16: one).

There were no losses or special payments during 2016-17 (2015-16: none).

22 June 2017 Chief Executive Date

Page 65 | Chapter 4

FINANCE

REPORT

Financial Statements of The Labour Relations Agency and The Certification Officer for Northern Ireland 31 March 2017

Page 67 |

CONTENTS

Page

Report of the Comptroller and Auditor General 70

Financial Statements (consolidated, including the results for The Certification Officer)

a) Statement of Comprehensive Net Expenditure 72

b) Statement of Financial Position 73

c) Statement of Cash Flows 74

d) Statement of Changes in Taxpayers’ Equity 75

e) Notes to the accounts 76

LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

THE CERTIFICATE AND REPORT OF THE COMPTROLLER AND AUDITOR GENERAL TO THE NORTHERN IRELAND ASSEMBLY

I certify that I have audited the financial statements of the Labour Relations Agency for the year ended 31 March 2017 under the Industrial Relations (Northern Ireland) Order 1992. The financial statements comprise: the Statements of Comprehensive Net Expenditure, Financial Position, Cash Flows, Changes in Taxpayers’ Equity; and the related notes. These financial statements have been prepared under the accounting policies set out within them. I have also audited the information in the Remuneration and Staff Report and Accountability and Audit Report within the Accountability Report that is described in that report as having been audited.

Respective responsibilities of the Accounting Officer and auditor As explained more fully in the Statement of Accounting Officer’s Responsibilities, the Accounting Officer is responsible for the preparation of the financial statements and for being satisfied that they give a true and fair view. My responsibility is to audit, certify and report on the financial statements in accordance with the Industrial Relations (Northern Ireland) Order 1992. I conducted my audit in accordance with International Standards on Auditing (UK and Ireland). Those standards require me and my staff to comply with the Auditing Practices Board’s Ethical Standards for Auditors.

Scope of the audit of the financial statements An audit involves obtaining evidence about the amounts and disclosures in the financial statements sufficient to give reasonable assurance that the financial statements are free from material misstatement, whether caused by fraud or error. This includes an assessment of: whether the accounting policies are appropriate to the Labour Relations Agency’s circumstances and have been consistently applied and adequately disclosed; the reasonableness of significant accounting estimates made by the Labour Relations Agency; and the overall presentation of the financial statements. In addition I read all the financial and non-financial information in the Annual Report to identify material inconsistencies with the audited financial statements and to identify any information that is apparently materially incorrect based on, or materially inconsistent with, the knowledge acquired by me in the course of performing the audit. If I become aware of any apparent material misstatements or inconsistencies I consider the implications for my certificate.

I am required to obtain evidence sufficient to give reasonable assurance that the expenditure and income recorded in the financial statements have been applied to the purposes intended by the Assembly and the financial transactions recorded in the financial statements conform to the authorities which govern them.

Opinion on regularity In my opinion, in all material respects the expenditure and income recorded in the financial statements have been applied to the purposes intended by the Assembly and the financial transactions recorded in the financial statements conform to the authorities which govern them.

Page 70 | LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

Opinion on financial statements In my opinion:  the financial statements give a true and fair view of the state of the Labour Relations Agency’s affairs as at 31 March 2017 and of the net expenditure for the year then ended; and  the financial statements have been properly prepared in accordance with the Industrial Relations (Northern Ireland) Order 1992 and Department for the Economy (formerly Department for Enterprise, Trade and Investment ) directions issued thereunder. Opinion on other matters In my opinion:  the parts of the Remuneration and Staff Report and the Accountability and Audit Report to be audited have been properly prepared in accordance with the Department for the Economy directions made under the Industrial Relations (Northern Ireland) Order 1992; and  the information given in the Performance Report for the financial year for which the financial statements are prepared is consistent with the financial statements.

Matters on which I report by exception I have nothing to report in respect of the following matters which I report to you if, in my opinion:  adequate accounting records have not been kept; or  the financial statements and the parts of the Remuneration and Staff Report and the Accountability and Audit Report to be audited are not in agreement with the accounting records; or  I have not received all of the information and explanations I require for my audit; or  the Governance Statement does not reflect compliance with Department of Finance’s guidance.

Report I have no observations to make on these financial statements.

KJ Donnelly Comptroller and Auditor General Northern Ireland Audit Office 106 University Street Belfast BT7 1EU

28 June 2017

Page 71 | LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

STATEMENT OF COMPREHENSIVE NET EXPENDITURE FOR THE YEAR ENDED 31 MARCH 2017

Agency Certification 2016-17 2015-16 Officer Total Total Notes £ £ £ £ Expenditure See Staff costs Remuneration 2,557,247 160,298 2,717,545 2,647,373 & Staff Report Depreciation 4 136,549 - 136,549 163,623 Other expenditure 4 921,065 43,454 964,519 884,187 Total expenditure 3,614,861 203,752 3,818,613 3,695,183

Income 3 - - - -

Net operating cost 3,614,861 203,752 3,818,613 3,695,183

OTHER COMPREHENSIVE NET EXPENDITURE

2017 2016 Notes £ £

Net Operating Cost 3,818,613 3,695,183

Items that will not be reclassified to net

Operating cost:

Net gain on revaluation of 5 15,252 3,073 Property, Plant and Equipment

Net gain on revaluation of 6 22,557 2,529 Intangibles

Total Comprehensive Net Expenditure for the 3,780,804 3,689,581 year ended 31 March 2017

All amounts above relate to continuing activities.

The notes on pages 76 to 86 form part of these financial statements.

Page 72 | LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

STATEMENT OF FINANCIAL POSITION AS AT 31 MARCH 2017

2017 2016 Notes £ £

Non-current assets:

Property, plant and equipment 5 263,499 256,852

Intangible assets 6 131,008 172,775

Total non-current assets 394,507 429,627

Current assets:

Trade and other receivables 7 195,630 40,095

Cash and cash equivalents 8 2,198 172,754

Total current assets 197,828 212,849

Total assets 592,335 642,476

Current Liabilities

Bank Overdraft 8 (7,537) -

Trade and other payables 9 (148,125) (203,999)

Provisions 11 (25,000) -

(180,662) (203,999)

Total assets less liabilities 411,673 438,477

Taxpayers’ equity

Revaluation reserve 87,612 49,803

General reserve 324,061 388,674

Total taxpayers’ equity 411,673 438,477

The financial statements on pages 72 to 86 were approved by the Board on 22 June 2017 and were signed on its behalf by:

Marie Mallon, Tom Evans, Chair Chief Executive and Accounting Officer

The notes on pages 76 to 86 form part of these financial statements.

Page 73 | LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

STATEMENT OF CASH FLOWS FOR THE YEAR ENDED 31 MARCH 2017

2016-17 2015-16 Notes £ £

Cash flows from operating activities

Net operating cost (3,818,613) (3,695,183)

Adjustments for non-cash transactions 4 136,549 163,623

Increase in trade and other receivables (155,535) 13,215

Decrease in trade payables exc. capital creditors (12,181) 69,901

Net cash outflow from operating activities (3,849,780) (3,448,444)

Cash flows from investing activities

Purchase of plant, property and equipment (44,181) (19,609)

Purchase of intangible assets (38,132) (106,977)

Net cash outflow from investing activities (82,313) (126,586)

Cash flows from financing activities

Financing – grant drawn down from Department for The

Economy

- Agency 3,564,000 3,432,500

- Certification Officer 190,000 195,000

Net financing 3,754,000 3,627,500

Net decrease in cash and cash equivalents in the 8 (178,093) 52,470 period

Cash and cash equivalents at the beginning of the 8 172,754 120,284 period

Cash and cash equivalents at the end of the period 8 (5,339) 172,754

Notes: The grant drawn down is intended to finance both revenue and capital expenditure, details of which are summarised in the Statement of Comprehensive Net Expenditure and Notes 3, 4, 5 & 6 to the accounts respectively.

Page 74 | LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

STATEMENT OF CHANGES IN TAXPAYERS’ EQUITY FOR THE YEAR ENDED 31 MARCH 2017

Capital Revaluation SoCNE Total Reserve Reserve Reserve Reserves £ £ £ £

Balance at 31st March 2015 21,837,144 44,201 (21,380,787) 500,558

Changes in Taxpayers’ Equity 2015-16

Grant from Department for the Economy 3,627,500 - - 3,627,500 – drawn down

Transfers between reserves - - - -

Comprehensive Expenditure for the year - - (3,695,183) (3,695,183)

Movements in Reserves

Net gain (loss) on revaluation of property, - 15,765 - 15,765 plant & equipment

Transfer of amount equivalent to additional depreciation on assets where - (10,163) - (10,163) revaluation is more than historical cost

Balance at 31st March 2016 25,464,644 49,803 (25,075,970) 438,477

Changes in Taxpayers’ Equity

2016-17

Grant from Department for the Economy - 3,754,000 - - 3,754,000 drawn down

Transfers between reserves - - - -

Comprehensive expenditure for the year (3,818,613) (3,818,613)

Movements in Reserves

Net gain on revaluation of property, plant & equipment and intangible assets - 91,799 - 91,799 (Notes 5&6)

Transfer of amount equivalent to additional depreciation on assets where - (53,990) - (53,990) revaluation is more than historical cost (Notes 5&6)

Balance as at 31st March 2017 29,218,644 87,612 (28,894,583) 411,673

The general fund serves as the chief operating fund. The general fund is to be used to account for all financial resources except those required to be accounted for in another fund.

The revaluation reserve records the unrealised gain or loss on the revaluation of assets.

Page 75 | LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2017

1. ACCOUNTING POLICIES

Statement of Accounting Policies These financial statements have been prepared in accordance with the 2016-17 Government Financial Reporting Manual (FReM) issued by HM Treasury. The accounting policies contained in the FReM apply International Financial Reporting Standards (IFRS) as adapted or interpreted for the public sector context. Where FReM permits a choice of accounting policy, the accounting policy which is judged to be most appropriate to the particular circumstances of the Labour Relations Agency and The Certification Officer for Northern Ireland for the purpose of giving a true and fair view has been selected. The particular policies adopted by the Labour Relations Agency and the Certification Officer for Northern Ireland are described below. They have been applied consistently in dealing with items that are considered material to the accounts.

1.1 Accounting convention The Agency has the responsibility under Article 69 of the Industrial Relations (Northern Ireland) Order 1992 to provide the Certification Officer for Northern Ireland with the requisite accommodation, equipment, facilities, remuneration, travelling and other expenses, together with such sums as she may require for the carrying out of her duties. The Agency also has the responsibility under paragraph 15(2) of Schedule 4 to the 1992 Order to show separately sums disbursed to or on behalf of the Certification Officer.

The financial statements incorporate the results for The Certification Officer for Northern Ireland, and have been prepared in accordance with the historical cost convention, modified by the revaluation of certain fixed assets, and with the Industrial Relations (Northern Ireland) Order 1992. These accounts have been prepared under the historical cost convention modified to account for the revaluation of property, plant and equipment.

1.2 Recognition of Income The approved resource allocations from the Department for the Economy are credited direct to the General Fund reserve on a cash draw-down basis. The annual recurrent allocations from the Department for the Economy are intended to meet recurrent costs. Income from services rendered is included to the extent of the completion of the contract or service concerned.

1.3 Property, plant and equipment The cost of property, plant and equipment comprises the purchase price and any installation charge.

A capitalisation threshold of £250 (excluding VAT) for IT assets and Building Adaptations and £1,000 (excluding VAT) for all other assets is applied. On initial recognition assets are measured at cost including any costs such as installation directly attributable to bringing them into working condition.

For all assets depreciation is calculated to write off their cost or valuation over their estimated useful lives. Additions in the year bear a due proportion of the annual charge.

The methods adopted and estimated useful lives used are:

Adaptations to short leasehold buildings - 10 years straight line Office equipment, furniture and fittings - 5 & 7 years straight line Computer equipment - 3 years straight line

Page 76 | LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2017

Property, plant and equipment are revalued by reference to appropriate “Price Index Numbers for Current Cost Accounting” produced by Office for National Statistics. Surpluses on revaluation of assets are credited to revaluation reserve pending their realisation.

To the extent that depreciation based on the revalued amount exceeds the corresponding depreciation on historical cost, the excess represents realisation of the surplus and is transferred annually from the revaluation reserve to the general fund.

1.4 Intangible assets Intangible assets comprise capitalised operational software licenses and the costs involved in implementing the software. The cost of licences and implementation costs are amortised over their expected useful lives of three years. The minimum level for capitalisation of an intangible asset is £250 (excluding VAT) (2016: £250). These assets have been restated using valuation techniques produced by the Office for National Statistics.

1.5 Treatment of pension liabilities During the year the Agency participated in the Principal Civil Service Pension Scheme (Northern Ireland) (PCSPS(NI)) and bears the cost of pension provision for its staff by payment of an Accruing Superannuation Liability Charge (ASLC). The Agency meets the cost of pension cover provided for staff they employ by payment of charges calculated on an accruing basis.

1.6 Value Added Tax The Agency does not have any income which is subject to output VAT. Accordingly, the Agency cannot recover any input VAT.

1.7 Operating Leases The total cost of operating leases is expensed in equal instalments over the life of the lease.

1.8 Operating Income Operating income principally relates to bank interest receivable which is accounted for on an accruals basis.

1.9 Accounting standards, interpretations and amendments to published standards not yet effective The Agency has reviewed new accounting standards that have been issued but are not yet effective, nor adopted early for these accounts. The Agency considers that these are unlikely to have a significant impact on the accounts in the period of initial application.

1.10 Financial Instruments A financial instrument is defined as any contract that gives rise to a financial asset of one entity and a financial liability or equity instrument of another entity.

A financial instrument is recognised when, and only when, the Agency becomes a party to the contractual provisions of the instrument. A previously recognised financial asset is derecognised when, and only when, either the contractual rights to the cash flows from that asset expire, or the entity transfers the asset such that the transfer qualified for derecognition. A financial liability is derecognised when, and only when, it is extinguished. The Agency has financial instruments in the form of trade receivables, trade payables and cash at the bank.

Cash and other receivables are classified as they are initially measured at fair value and are subsequently measured at amortised cost, if appropriate, using the effective interest method less any impairment.

Financial liabilities are initially measured at fair value, net of transaction costs, if applicable. They are subsequently measured at amortised cost using the effective interest method.

Page 77 | LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2017 1.11 Staff Costs Under IAS 19 Employee Benefits legislation, all staff costs must be recorded as an expense as soon as the organisation is obligated to pay them. This includes the cost of any untaken leave as at the year end. The cost of untaken leave has been determined using the Agency’s annual leave records. 2. STATEMENT OF OPERATING COSTS BY OPERATING SEGMENT

The two main segments operating in the Labour Relations Agency are Labour Relations and the Certification Office. The principal activities of the Labour Relations Agency are to assist employers, employees and their representatives to improve the conduct of their employment relations. The Agency provides a range of services to those engaged in industry, commerce and the public services. These services include advice and assistance on all aspects of employment relations and employment practices and also comprehensive conciliation and arbitration services for resolving both individual and collective matters. The Certification Office is responsible for ensuring that Trade Unions and Employer’s Associations comply with statutory provisions relating to the regulation of Trade Unions and Employer’s Associations. The non-current assets of the Labour Relations Agency are all located in Northern Ireland.

2016-17 2015-16

Agency Certification Agency Certification Officer Officer £ £ £ £

Gross Expenditure 3,614,861 203,752 3,481,975 213,208

Income - - - -

Net Expenditure 3,614,861 203,752 3,481,975 213,208

2.1 Reconciliation between Operating Segments and SoCNE/SoFP

2016-17 2015-16

Agency Certification Agency Certification Officer Officer £ £ £ £

Total net expenditure re- ported for operating seg- 3,614,861 203,752 3,481,975 213,208 ments

Total net expenditure per the Consolidated Statement 3,614,861 203,752 3,481,975 213,208 of Comprehensive Net Ex- penditure 3. INCOME

The only monies received in the year related to recoveries in respect of an outward secondment. This amount was netted off total salaries. See staff report B.1

2016-17 2015-16

£ £ Recoveries in respect of outward secondment 20,693 84,146 Total 20,693 84,146

Page 78 | LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2017

4. OTHER EXPENDITURE

Certific. 2016-17 Certific. 2015-16 Agency Officer Total Agency Officer Total £ £ £ £ £ £ Cash items Premises Costs:

Rent, under operating leases, 229,872 15,497 245,369 204,348 13,872 218,220 including car parks

Rates, including car parks 90,386 4,349 94,735 87,989 4,349 92,338

Service charges maintenance, cleaning, security, heating, 137,605 3,765 141,370 137,420 4,261 141,681 lighting and insurance

Other Office Running Costs:

Staff training 15,552 4,154 19,706 15,934 833 16,767

IT Managed Services, 135,760 3,000 138,760 142,489 3,000 145,489 Maintenance and licenses

IT Development and 40,045 - 40,045 2,378 - 2,378 implementation

Postage and telephones 66,351 438 66,789 58,070 459 58,529

Library services 22,418 - 22,418 30,112 - 30,112

Office, supplies, photocopying, 49,463 22 49,485 49,684 834 50,518 printing and stationery

Publications and advertising 9,293 3,002 12,295 7,789 1,967 9,756

Conference & Seminars 4,334 412 4,746 1,463 635 2,098

Travel and subsistence 29,022 2,696 31,718 26,426 333 26,759

Hospitality 5,080 - 5,080 3,869 - 3,869

Miscellaneous expenditure 5,235 4,828 10,063 8,398 6,340 14,738

Interpreter fees and venue hire 4,110 - 4,110 - - -

Professional subscriptions 8,698 - 8,698 7,542 - 7,542

Advertising (staff vacancies) 4,898 - 4,898 3,939 - 3,939

Bank charges 714 160 874 830 229 1,059

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NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2017

4. OTHER EXPENDITURE cont’d …

Certific. 2016-17 Certific. 2015-16 Agency Officer Total Agency Officer Total £ £ £ £ £ £

Fees and Expenses:

Other professional fees 34,213 296 34,509 22,748 296 23,044

Arbitration fees and expenses 12,543 - 12,543 20,056 - 20,056

Internal auditors’ remuneration 7,757 451 8,208 7,844 451 8,295

External auditors’ remuneration 7,716 384 8,100 6,616 384 7,000

Total cash expenditure 921,065 43,454 964,519 845,944 38,243 884,187

Non-cash items

Depreciation

Depreciation of property, plant 34,093 - 34,093 61,827 217 62,044 and equipment

Amortisation of intangible assets 102,456 - 102,456 101,579 - 101,579

Sub Total Depreciation 136,549 - 136,549 163,406 217 163,623

Impairment ------

Total net non-cash 136,549 - 136,549 163,406 217 163,623 expenses 1,057,61 1,101,06 1,009,35 Total 43,454 38,460 1,047,810 4 8 0

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NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2017

5. PROPERTY, PLANT AND EQUIPMENT

2016-17

Adaptations Agency Certific. Certific. to Agency Office Officer Officer Short Equipment, Agency Office Computer Leasehold Furniture Computer Furniture Equipmen Buildings & Fittings Equipment Fittings t Total £ £ £ £ £ £ Cost or valuation

At 1 April 2016 613,788 246,619 280,296 6,331 5,019 1,152,053

Additions 16,234 1,680 7,574 - - 25,488

Disposals ------Impairment/ Adjustment arising 25,627 6,696 22,917 105 414 55,759 on revaluation

At 31 March 2017 655,649 254,995 310,787 6,436 5,433 1,233,300

Depreciation

At 1 April 2016 406,987 230,982 245,882 6,331 5,019 895,201

Provision for year 24,992 3,370 5,731 - - 34,093

Disposal - - - Impairment/ Adjustment arising 15,318 6,393 18,277 105 414 40,507 on revaluation

At 31 March 2017 447,297 240,745 269,890 6,436 5,433 969,801

Carrying amount 206,801 15,637 34,414 - - 256,852 at 31 March 2016

Carrying amount 208,352 14,250 40,897 - - 263,499 at 31 March 2017

All Assets were subject to revaluation using annual indices provided by the Office of National Statistics. The assets were re-valued using March 2017 statistics.

NB: The depreciation charge per note 5 of £34,093 (2016: £62,044) for the year reflects the depreciation provision for Property, plant and equipment. No impairment adjustment was required in to the SoCNE in 2017 (2016: £nil).

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NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2017

5. PROPERTY, PLANT AND EQUIPMENT cont’d …

Leased Assets The adaptations to Agency buildings on short leasehold land carried at a Net Book Value at 31 March 2017 of £206,801 and represent the Agency’s only leased assets.

2015-16 Adaptations Agency Certific. to Agency Office Officer Certific. Short Equipment, Agency Office Officer Leasehold Furniture Computer Furniture Computer Buildings & Fittings Equipment Fittings Equipment Total £ £ £ £ £ £ Cost or valuation At 1 April 2015 588,075 240,358 259,244 6,331 4,972 1,098,980 Additions 18,763 4,000 18,624 - - 41,387 Disposals ------Impairment/ Adjustment arising on 6,950 2,261 2,428 - 47 11,686 revaluation

At 31 March 2016 613,788 246,619 280,296 6,331 5,019 1,152,053

Depreciation At 1 April 2015 364,963 219,978 228,517 6,114 4,972 824,544 Provision for year 37,714 8,888 15,225 217 - 62,044 Disposal ------Impairment/ Adjustment arising on 4,310 2,116 2,140 - 47 8,613 revaluation

At 31 March 2016 406,987 230,982 245,882 6,331 5,019 895,201

Carrying amount 223,112 20,380 30,727 217 - 274,436 at 31 March 2015

Carrying amount at 206,801 15,637 34,414 - - 256,852 31 March 2016

All Assets were subject to revaluation using annual indices provided by the Office of National Statistics. The assets were re-valued using September 2015 statistics.

NB: The depreciation charge per note 5 of £62,044 (2015: £80,956) for the year reflects the depreciation provision for Property, plant and equipment. A net revaluation downwards adjustment of £nil (2015: £942) has been posted to impairment in the SoCNE.

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NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2017

6. INTANGIBLE ASSETS

Intangible assets comprise computer software, development costs and licences.

2016-17

Agency Cert’ Office Total Cost or Valuation £ £ £ At 1 April 2016 432,478 8,944 441,422 Additions 38,132 - 38,132

Impairment / Adjustment arising on revaluation 35,302 738 36,040

At 31 March 2017 505,912 9,682 515,594

Amortisation At 1 April 2016 259,703 8,944 268,647 Charged in year 102,456 - 102,456

Impairment /Adjustment arising on revaluation 12,745 738 13,483

At 31 March 2017 374,904 9,682 384,586

Carrying value at 31 March 2016 172,775 - 172,775

Carrying value at 31 March 2017 131,008 - 131,008

All Assets were subject to revaluation using annual indices provided by the Office of National Statistics. The assets were re-valued using March 2017 statistics.

NB: The depreciation charge per note 5 of £102,456 (2016: £101,579) for the year reflects the depreciation provision for intangible assets. No impairment adjustment was required to the SoCNE in 2017 (2016: £nil downwards adjustment).

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NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2017

6. INTANGIBLE ASSETS cont’d …

Intangible assets comprise computer software, development costs and licences.

2015-16

Agency Cert’ Office Total Cost or Valuation £ £ £ At 1 April 2015 427,117 8,861 435,978

Additions 1,365 - 1,365

Impairment/ Adjustment arising on revaluation 3,996 83 4,079

At 31 March 2016 432,478 8,944 441,422

Amortisation

At 1 April 2015 156,657 8,861 165,518

Charged in year 101,579 - 101,579

Adjustment arising on revaluation 1,467 83 1,550

At 31 March 2016 259,703 8,944 268,647

Carrying value at 31 March 2015 270,460 - 270,460

Carrying value at 31 March 2016 172,775 - 172,775

7. TRADE RECEIVABLES AND OTHER CURRENT ASSETS

2016-17 2015-16

£ £

Amounts falling due within one year:

Other receivables 29,764 1,983

Prepayments 41,866 38,112

Grant due from The Department for the Economy 124,000 -

195,630 40,095

The above includes £28,048 (2016: £nil) due to the Agency from the Certification office.

Page 84 | LABOUR RELATIONS AGENCY Annual Report and Accounts 2016-17

NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2017

8. CASH AND CASH EQUIVALENTS

Certification 2016-17 2015-16 Agency Officer Total Total £ £ £ £ Balance at 1 April 168,528 4,226 172,754 120,284

Net change in cash and cash (176,065) (2,028) (178,093) 52,470 equivalent balances

Balance at 31 March (7,537) 2,198 (5,339) 172,754

The following balances at 31

March were held at: Commercial banks and cash in (7,537) 2,198 (5,339) 172,754 hand

Balance at 31 March (7,537) 2,198 (5,339) 172,754

9. TRADE PAYABLES AND OTHER CURRENT LIABILITIES

2016-17 2015-16 £ £ Amounts falling due within one year: Trade payables 42,626 51,297 Accruals 105,499 152,702 Total 148,125 203,999

10. CAPITAL COMMITMENTS

There are no capital commitments at the year-end 31 March 2017.

11. PROVISIONS FOR LIABILITIES AND CHARGES

2016-17 2015-16 £ £ Provision – not later than one year: Opening balance - - Provided in the year 25,000 - Provision utilised during the year - - Closing balance 25,000 -

An obligation has arisen at 31st March 2017 from a contractual dispute regarding a past event. It is probable that this will have to be settled in 2017-18. To avoid prejudicing the outcome, the Labour Relations Agency does not feel that it is appropriate to disclose further information.

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NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2017

12. COMMITMENTS UNDER LEASES

Operating Leases: Total future minimum lease payments under operating leases are given in the table below for each of the following periods:-

Buildings: 2016-17 2015-16 £ £

Not later than one year 215,400 215,400

Later than one year and not later than five years 215,400 430,800

Later than five years - -

430,800 646,200

13. OTHER FINANCIAL COMMITMENTS The Labour Relations Agency has no other Financial Commitments and has not entered into non- cancellable contracts.

14. RELATED PARTY TRANSACTIONS The Labour Relations Agency is a Non-Departmental Public Body sponsored by the Department for the Economy, formerly The Department for Employment and Learning. The Department for the Economy is regarded as a related party. During the year the only transactions which the Agency has had with the Department is the receipt of £3,754,000 (2015/16: £3,627,500) grant, as disclosed in the statement of cash flows. None of the Board members, members of the key management staff or other related parties has undertaken any material transactions with the Agency during the year, other than the reimbursement of expenses necessarily incurred by staff in the course of their employment.

15. FINANCIAL INSTRUMENTS As the cash requirements of the Labour Relations Agency and the Certification Officer of Northern Ireland are met through Grant-In Aid provided by the Department for the Economy, financial instruments play a more limited role in creating and managing risk than would apply to a non- public sector body. The majority of financial instruments relate to contracts to buy non-financial items in line with the Labour Relations Agency’s expected purchase and usage requirements and the Labour Relations Agency is therefore exposed to little credit, liquidity or market risk.

16. IMPAIRMENTS The total impairment charge for the year is £nil (2015-16: £nil).

17. EVENTS AFTER THE REPORTING DATE There are no events after the reporting period which need to be disclosed.

18. CONTINGENT LIABILITY UNDER IAS 37 There were no contingent liabilities as at 31 March 2017.

Date of authorisation for issue The Accounting Officer authorised these financial statements on 22 June 2017.

Page 86 |

Head Office Regional Office 2-16 Gordon Street, Belfast BT1 2LG 1-3 Guildhall Street, Londonderry BT48 6BB

Telephone: 028 9032 1442 Telephone: 028 7126 9639 Facsimile: 028 9033 0827 Facsimile: 028 7126 7729 TDD (Textphone): 028 9023 8411 Email: [email protected] Email: [email protected] www.lra.org.uk

ISBN Number 978-1-5272-1191-9

Graham Richards Director, Railway Planning and Performance

10 November 2017

Dear Stakeholder

Consultation on draft guidance for The Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 2016 and amendments to our Economic Enforcement Policy and Penalties Statement Thank you for your responses to our consultation on draft guidance and proposed changes to our existing economic enforcement policy and penalties statement (enforcement policy). New guidance and changes to our enforcement policy are required to reflect The Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 2016 (the NI Regulations). The NI Regulations implement EU Directive 2012/34/EU - the recast of the First Railway Package. The Recast Directive repeals and consolidates previous EU legislation and makes some substantive changes to the law. The consultation began on 21 August 2017 and closed on 29 September 2017. This letter sets out our conclusions.

Responses to our consultation

We received responses from1:

• Translink; • The Consumer Council in Northern Ireland; and • Network Rail.

The guidance

The purpose of ORR’s guidance is to help the reader understand:

• The meaning and implications of the provisions of the NI Regulations; • The obligations of infrastructure managers and service providers; • ORR’s role as an appeal body and power to make directions; and • Where to find further guidance on specific issues.

We discuss our conclusions on the main issues on the draft guidance below.

1 http://orr.gov.uk/rail/consultations/closed-consultations/policy-consultations/consultation-on-orrs-economic- enforcement-policy-to-reflect-northern-ireland-regulations

Page 1 of 4 1772246

Did the guidance help consultees understand the impact of the NI Regulations?

Respondents welcomed the guidance and supported the objectives and proposed content. Translink noted in particular that it thought the guidance was well structured and helped it understand the impact of the NI Regulations.

Areas for improvement

Translink asked for further clarity on the wording in paragraphs 1.30 and 1.31 of the draft guidance, which it thought appeared contradictory.

Both paragraphs aim to explain the scope of the NI Regulations (as set out in Regulation 3).

Paragraph 1.30 deals with the scope of the Regulations in respect of railway undertakings. It explains that the NI Regulations do not apply to a railway undertaking whose activity is limited to the provision of solely urban, suburban or regional services on local and regional stand-alone networks for transport services on railway infrastructure, or on networks intended only for the operation of urban or suburban rail services.

It aims to clarify, however, that while the NI Regulations do not generally apply to the railway undertakings described above; there are certain circumstances when certain regulations will apply. Those circumstances are when the railway undertaking is under the direct or indirect control of an undertaking or other entity performing or integrating rail transport services other than urban, suburban or regional services. In such circumstances, a railway undertaking is expected to comply with the requirements relating to management independence, separation of accounts and business plans.

Paragraph 1.31 explains the scope of the regulations as they apply to networks. It clarifies that certain requirements do not apply to those networks set out in regulation 3(7) of the NI Regulations.

To address the concerns raised we have amended the text in the guidance (now numbered paragraphs 1.30 – 1.32). We have engaged with Translink on our proposed amendments who has confirmed it is content with the revised text.

The enforcement policy

The NI Regulations give ORR a new power to impose a penalty where a party has failed to comply with a decision, direction or notice issued under the NI Regulations. The NI Regulations require ORR to publish a statement of policy with respect to the imposition of penalties and the determination of their amount. We consulted on revisions to our existing current enforcement policy to reflect these new powers.

We invited views on our revised enforcement policy. Conclusions on the main issues are set out below.

Page 2 of 4 1772246

Did consultees support the general revisions proposed to the enforcement policy?

While Network Rail supported the proposed changes, it highlighted the need for future changes to ensure the enforcement policy remains fit for purpose for the next price control, Control Period 6 (CP6). In our consultation on the Overall Framework for regulating Network Rail in CP62 we advised that we will be undertaking a review of our economic enforcement policy and penalties statement to ensure it is fit for purpose for the next control period as part of our PR18 programme. This review will include engagement and consultation with all relevant stakeholders, including Network Rail.

Translink initially supported revisions to the enforcement policy to ensure that all relevant operators are captured in one policy. However, Translink found that incorporating the NI Regulations into the existing enforcement policy had inadvertently created some confusion.

Areas for improvement

Translink found certain areas of the policy difficult to understand; in particular, it had difficulty in easily identifying which areas applied to relevant operators in Northern Ireland. To address this, Translink suggested either adding an annex to the existing enforcement policy detailing application of the NI Regulations. Alternatively, Translink suggested producing a completely separate enforcement policy for Northern Ireland might be more appropriate.

Translink also asked that we revisit the definitions for the Northern Irish corporate entities used as examples of relevant operators, as these were incorrect.

Our approach to enforcement must be clear to stakeholders, particularly Translink. We have carefully considered feedback and decided to produce a standalone enforcement policy for the NI Regulations.

We will engage with Translink in developing this separate enforcement policy and expect this to be published on our website by the end of 2017.

General comments

The Consumer Council sought confirmation that the Recast Directive would not impact on rail passengers in Northern Ireland.

The Recast Directive was implemented in Northern Ireland through the NI Regulations, which give ORR a number of regulatory functions in Northern Ireland in respect of rail.

ORR can confirm that the functions it has been given in Northern Ireland do not directly impact on rail passengers. That said, ORR must consult, at least every two years, representatives of users to take into account their views on the rail market. We intend to

2 Overall Framework consultation July 2017: http://orr.gov.uk/__data/assets/pdf_file/0007/25279/overall- framework-for-regulating-network-rail.pdf

Page 3 of 4 1772246 discharge this function through engagement with the Consumer Council in Northern Ireland.

The Consumer Council also sought clarification on the term ‘Economic Regulation’, which we use in our consultation documents. In particular, we were asked to confirm that the level of rail service provision, the level of public service obligation subsidy for rail and the level of passenger fares would remain the remit of the Department for Infrastructure in Northern Ireland. We confirm that this is the case.

The functions we have been given in Northern Ireland focus on economic regulation. We have no role in respect of safety or licensing in Northern Ireland. Nor do we set access charges, hold periodic reviews of access charges, set outputs in respect of funding levels, monitor the delivery of outputs or hold to account. While we acknowledge that we do not carry out a full economic regulatory role in Northern Ireland, we used the term ‘Economic Regulation’ in our consultation documents to make it clear that this is the focus of our regulatory remit and that we have no role with regards to safety regulation in Northern Ireland.

To help provide further clarity to all stakeholders, we have updated our website with additional information to help fully explain our regulatory role in Northern Ireland.

Conclusion

Once again, I would like to thank stakeholders for their responses. The guidance has now been finalised and is available on our website3. We will separately publish in due course an enforcement policy for the NI Regulations once we are satisfied that it meets stakeholders needs.

Yours faithfully

Graham Richards

3 http://www.orr.gov.uk/__data/assets/pdf_file/0004/25933/northern-ireland-access-and-management-2016- regulations-guidance.pdf

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From: Jamieson, Lesley [mailto:[email protected]] Sent: 19 October 2017 14:40 Subject: Letter from Martin Dillon CEO Belfast Health & Social Care Trust re 2017 18 Financial Savings Plan proposals

Thank you for responding to the Belfast Trust’s 2017/18 Financial Savings Plan proposals during the consultation which ended on 5 October 2017.

Almost 13,000 individuals, groups and organisations responded directly, either in writing or via Public and Stakeholder meetings, and Trust Board wish to formally thank all those who participated, provided their personal stories and reflected on the potential impact of these proposals for patients, service users, their families and carers. A summary of responses received is available here: http://bit.ly/2yvB8ZT

At the Public Board meeting on 13 October 2017, Trust Board reviewed the consultation feedback and the draft Equality Impact Assessments undertaken on the potentially major/controversial proposals and confirmed that Belfast Trust will:

-Stand down the major and controversial proposals (Proposals 6-11a)

-Approve the implementation of the No/Low impact efficiency proposals, and

-Approve the substitution of very expensive drug treatments for clinically suitable alternative drug treatments, subject to a number of caveats.

The detail of these is available here: http://bit.ly/2ytSbcA. Please note that the draft EQIAs are provided for information only as Proposals 6-11a are now stood down. They are available here: http://bit.ly/2yukSId

Thank you

Martin Dillon Chief Executive Belfast Health and Social Care Trust