Meeting Pack Derry City and Strabane District Council
Dear Member of Derry City and Strabane District Council
You are hereby summoned to attend the Monthly Meeting of the Derry City and Strabane District Council to be held remotely, on Thursday 29 April 2021 at 4.00 pm.
Yours faithfully
John Kelpie Chief Executive
AGENDA
1 Notice and Summons of Meeting
2 Member Attendance and Apologies
3 Statement for Remote Meetings
4 Declarations of Members' Interests
Open for Decision
5 Chairperson's Business
6 Confirmation of the Open Minutes of the Meeting of the Derry City and Strabane District Council held on Thursday 25 March 2021 (Pages 1 - 54)
7 Matters Arising
8 Adoption of the Open Minutes of the following Committees
a Special Planning Committee held on Wednesday 24 March 2021 (Pages 55 - 66)
b Special Environment and Regeneration Committee held on Monday 29 March 2021 (Pages 67 - 74)
c Monthly Governance and Strategic Planning Committee held on Tuesday 30 March 2021 (Pages 75 - 106)
d Special Health and Community Committee held on Wednesday 31 March 2021 (Pages 107 - 116)
e Monthly Planning Committee held on Monday 12 April 2021 (Pages 117 - 128)
f Monthly Business and Culture Committee held on Tuesday 13 April 2021 (Pages 129 - 150)
g Monthly Environment and Regeneration Committee held on Wednesday 14 April 2021 (Pages 151 - 178)
h Monthly Health and Community Committee held on Thursday 15 April 2021 (Pages 179 - 210)
i Bi -Monthly Assurance, Audit and Risk Committee held on Monday 19 April 2021 (Pages 211 - 216)
9 Notices of Motion
Councillor R Barr to Move:
That this Council write to the Chief Constable PSNI to demand a full and comprehensive investigation into the disappearance and death of Noah Donohoe and this Council supports Fiona Donohoe in her search for truth and justice for her child.
Councillor Doyle to Move:
That this Council recognises the role of social housing in enabling citizens to access affordable and secure accommodation;
Notes the Fundamental Review of Social Housing Allocations, in particular noting proposals two and three; ‘changes to eligibility for applicants involved in unacceptable behaviour’;
Recognises the impact of unacceptable behaviour in communities, on neighbours and families and the need to address perceptions that this behaviour is not being addressed by housing authorities;
Notes the responsibilities of Housing Associations in providing timely and high quality maintenance and repairs to their properties;
Invites officials from the Department of Communities to a Special Meeting of the relevant Committee to brief members on the project plan for the implementation of the fundamental review and senior officials from Housing Associations operating in this Council area to brief members on their maintenance and repair responsibilities to tenants.
Councillor Ferguson to Move:
This Council notes that 15- 21 March was Sign Language Week, timed with the anniversary of the UK Government formally recognising British Sign Language (BSL) as a language in its own right on 18 March 2003. However, in 2021 neither BSL nor Irish Sign Language have legal status in Northern Ireland nor are sign languages part of school curricula.
This means at present, deaf people must rely on the provisions of the Disability Discrimination Act (NI) (1995) to secure reasonable adjustments via sign language provision.
In order to do so, deaf people are required to identify as ‘disabled’ in sharp contrast to their right to recognition as a cultural and linguistic minority under the UN Convention on the Rights of Persons with Disabilities (CRPD).
This Council believes there is a need to create a more accessible and inclusive society in Northern Ireland through greater learning of sign languages and awareness of Deaf culture and Noting the rights of deaf people to recognition as a cultural and linguistic minority under the CRPD, this Council expresses its support for the introduction of a Sign Languages Act for Northern Ireland.
Further noting Article 24(b) of the CRPD that requires the State to facilitate the learning of sign language and the promotion of the linguistic identity of the deaf community, this Council expresses its support for sign languages to be added to school curricula to ensure all children learn from the earliest opportunity.
Therefore, this Council will write to the Minister for Communities and Minister of Education to ask when the New Decade, New Approach commitment to a Sign Language Act will be brought forward and asks that this legislation includes provision for sign languages to be added to the Key Stage 1 and 2 Curriculum, with schools equipped to deliver these courses, as well as the introduction of sign
languages as a GCSE for secondary school pupils.
Councillor Jackson to Move:
Derry City and Strabane District Council recognises the importance of having adequate, functioning electric charging points within our district if we are to realise our objective of phasing out petrol and diesel vehicles in line with our Climate Change Emergency Pledge.
Council welcomes the commitment for immediate action to reduce carbon emissions set out in the New Decade, New Approach agreement, and calls on the Environment Minister to adopt the Private Members Bill developed by Climate Coalition NI to ensure that it becomes law in this term of the Assembly
This Council will write to the Minister for Infrastructure to highlight the number of defective electric charging points within our district and calls on the Minister to help us move away from our reliance on fossil fuels by working with ESB to develop a sustainable model for providing additional charging points right across the north.
Aithníonn Comhairle Chathair Dhoire agus Chanter an tSratha Báin an tábhacht a bhaineann le poinJ luchtaithe leictreachais atá sásúil agus a Leidhmíonn a bheith againn inár gceantar más rud é go bhfuil muid lenár gcuspóir le deireadh a chur le feithiclí peitril agus díosail a bhaint amach de réir a chéile de réir ár nGealltanas chun dul i ngleic leis an Ghéarchéim Athrú Aeráide
FáilJonn an Chomhairle roimh an ghealltanas a leagadh amach sa Chomhaontú Ré Nua Cur Chuige Nua, le gníomhaíocht láithreach a ghlacadh le hastaíochtaí carbóin a laghdú agus iarrann an Chomhairle ar an Aire Comhshaoil glacadh le Bille Comhaltaí Príobháideacha atá forbraithe ag Climate Coali;on NI le déanamh cinnte go ndéanfar dlí de sa téarma seo den Tionól.
Scríobhann an Chomhairle seo chuig an Aire Bonneagair le haird a tharraingt ar chuid mhaith de na poinJ luchtaithe leictreachais atá lochtach inár gceantar agus iarrtar ar an Aire cuidiú linn le bogadh ar shiúl ónár spleáchas ar bhreosla iontaise trí bheith ag obair le ESB le samhail inbhuanaithe a Lorbairt maidir le poinJ luchtaithe breise a chur ar fáil fud fad an tuaiscirt.
Councillor McHugh to Move:
This Council supports the regeneration of Castlederg town centre and its environs in line with the aspirations laid out in the community plan.
As part of this regeneration process, Council commits to work with local
stakeholders within both the community and private sectors to assess options and guidance as to what can be achieved, this should also include consulting with the policing board regarding the dilapidated PSNI barracks, which is a prime town centre location.
Castlederg has the potential to become a key regional town and this could be the catalyst project to achieve its potential.
Tacaíonn an Chomhairle seo le hathbheochan bhaile Caisleán na Deirge de réir na spriocanna atá leagtha amach sa phlean pobail.
Mar chuid den phróiseas athghiniúna seo, go ngealla an chomhairle comhoibriú le páirtithe leasmhara áitiúla laistigh den earnáil phobail agus phríobháideach araon chun roghanna a mheas agus treoir a sholáthar maidir leis an méid is féidir a bhaint amach, ba cheart go n-áireofaí leis seo freisin oibriú leis an Bhord Póilíneachta maidir leis an bheairic folamh PSNI, atá lonnaithe i suíomh príomha i lár an bhaile.
Tá an cumas ag Caisleán na Deirge a bheith ina phríomhbhaile réigiúnach agus d’fhéadfadh sé gurb é seo an tionscadal catalaíoch chun a chumas a bhaint amach.
Councillor O’Neill to Move:
Council notes there has been a consistent presence of protestors outside of healthcare centres where it is perceived abortion services are being provided.
This Council condemns the harassment outside of healthcare centres of women accessing a range of health care services. This harassment impacts every service user.
This Council agrees that the public display of graphic abortion imagery can re- traumatise and inflict harm upon people who see it and particularly for those who have had miscarriages.
This council would support the introduction of buffer zones outside of healthcare centres.
This Council agrees to investigate whether such acts of harassment can be regulated by Council or other bodies to ensure that people can access the healthcare services they need in this Council area.
In doing so, this Council commits to challenging the stigma imposed by protestors on people seeking healthcare which is their legal and human right.
Councillor Farrell to Move:
Council notes the findings of the Health Inequalities Annual Report 2021 in relation to health outcomes across Derry & Strabane; expresses concern that 25 of the 41 key indicators are worse than the Northern Ireland average, most notably life expectancy, hospital admissions, alcohol and smoking related deaths, prescription rates for mood and anxiety medication, prevalence of cancers and childhood obesity; recognises the link between deprivation and poor health outcomes; and calls on the Executive to implement a strategy to tackle deprivation and poor health outcomes across our council area.
Councillor McGuire to Move:
Go gcuireann an chomhairle seo frustrachas agus díomá domhain in iúl mar gheall ar an mhoilleanna a cuireadh ar scéim bóithre an A5 le déanaí, is oth léi nach bhfuil an Roinn Bonneagair ábalta an scéim tógála a ullmhú chun tógála, go n-aithníonn sí go bhfuil scéim bhóthair an A5 riachtanach chun: rath eacnamaíochta an iarthuaiscirt a athrú, aghaidh a thabhairt ar ghlúnta de neamhionannas réigiúnach agus sábháilteacht ar mbóithre a fheabhsú, agus go dtreisítear go bhfuil an mhoill ar an scéim ríthábhachtach seo chun aimhleasa an iarthuaiscirt ina hiomláine.
That this Council expresses deep frustration and disappointment at the recent delays to the A5 road scheme, laments the Department for Infrastructures inability to adequately prepare the scheme for construction, recognises that the A5 road scheme is essential for transforming the economic fortunes of the north west, addressing generations of regional inequality and improving road safety, and stresses that the delay to this vital scheme is to the detriment of the north west as a whole.
Councillor Heaney to Move:
Ábhar rúin ar Athaontú na hÉireann
Go n-aithníonn an Chomhairle seo go bhfuil athrú bunreachtúil faoi chaibidil le tamall maith anuas agus go bhfuil sé de dhualgas ag an Chomhairle seo dul i gcomhairle lena lucht íoctha rátaí ar an cheist thábachtach seo agus ar na himpleachtaí faoi choinne ceantar na Comhairle agus an iarthuaiscirt i gcoitinne. Mar sin de, glaotar ar an Chomhairle grúpa oibre ar aontú na hÉireann a chur ar bun agus comhairliúchán a thosnú le híocóirí rátaí agus le hionadaithe pobail
agus gnó chun tuairimí ar na ceisteanna a bhaineas le hathrú bunreachtúil a mheas.
That this Council recognises that the discussions about a constitutional change is now well underway and this Council has a duty to consult with its ratepayers on this important issue and the implications for the Council area and the wider north- west. Therefore, calls on the Council to establish a working group on Irish unity and to begin a consultation with ratepayers and community and business representatives to assess views on the issues related to constitutional change.
Councillor Edwards to Move:
That this Council is concerned about media reports regarding dog thefts and attempted dog thefts across the North.
Recognises that the price of dogs and puppies have risen significantly over the past year which has the potential to make dogs thefts more profitable to criminals.
Further recognises the importance of dogs as family pets, particularly for the older population, people living alone and young families in the District during the Covid 19 pandemic.
And calls on Council to instigate a campaign across the Council area to raise awareness and inform the public on how best to protect their dogs from potential theft.
Councillor Harkin to Move:
Council agrees it is unacceptable more than 122,000 children from all backgrounds and communities across our society live in poverty. More than a third of children in our District area live in poverty, considerably higher than other parts of the North.
The economic ramifications of the pandemic combined with low-pay, the implementation of cruel Tory welfare reforms and the ongoing legacy of deprivation and neglect in our Council area causes grave concern that child poverty has already and will increase dramatically unless immediate and radical action is taken.
Council agrees every child and young person should have a free and nutritious meal as part of their education package. Council agrees extending the provision of free school meals would act as a measure to reduce poverty,
to improve learning outcomes and to promote public health for all children and young people.
Council commends and gives its enthusiastic support to the UNISON initiated community campaign calling on Stormont to fund the provision of universal free school meals for all children regardless of their social and economic background. Council encourages people and organisations from all back- grounds and communities to unite in support of this campaign.
Council will write to the Executive Office and all Stormont Ministers conveying our support and urging immediate implementation. Council will promote this campaign on its social media platforms and hold a meeting with representatives.
Councillor Reilly to Move:
This Council recognises the vital role that paid maternity leave and paternity leave plays in helping parents find the right balance between commitments at home and at work.
Notes that the current provision for full-time paid maternity leave here is one of the lowest compared to countries across Europe and the OECD and our own Council’s policy set by National Joint Council falls short of what expectant parents and their children across Europe benefit from.
The Council writes to the NJC calling for an immediate review of our maternity pay policy and also write to the Minister for the Economy to overhaul current maternity paid leave and paternity legislation which is among the lowest in Europe.
Open for Information
10 Responses to Motions (Pages 217 - 258)
11 Resolutions from other Councils (Pages 259 - 268)
12 Sealing List - April 2021 (Pages 269 - 272)
Confidential for Decision
13 Confirmation of the Confidential Minutes of the Meeting of the Derry City and Strabane District Council held on Thursday 25 March 2021 (Pages 273 - 278)
14 Matters Arising
15 Adoption of the Confidential Minutes of the following Committees
a Monthly Governance and Strategic Planning Committee held on Tuesday 30 March 2021 (Pages 279 - 280)
b Monthly Planning Committee held on Monday 12 April 2021 (Pages 281 - 284)
c Monthly Business and Culture Committee held on Tuesday 13 April 2021 (Pages 285 - 286)
d Monthly Environment and Regeneration Committee held on Wednesday 14 April 2021 (Pages 287 - 298)
e Monthly Health and Community Committee held on Thursday 15 April 2021 (Pages 299 - 304)
f Bi -Monthly Assurance, Audit and Risk Committee held on Monday 19 April 2021 (Pages 305 - 306)
g Special Environment and Regeneration Committee held on Tuesday 20 April 2021 (Pages 307 - 320)
16 Any other Relevant Items
23 April 2021
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Agenda Item 6
Derry City and Strabane District Council
Open Minutes of the Meeting of Derry City and Strabane District Council held remotely on Thursday 25 March 2021 at 4.00pm.
Present:- Councillor Tierney (Mayor)(In the Chair); Aldermen Bresland, Devenney, Guy, Hussey, Kerrigan, McClintock, McCready, Ramsey and Warke; Councillors J Barr, R Barr, J Boyle, M Boyle, Burke, Carr, Cooper, Cusack, Dobbins, Donnelly, Doyle, Duffy, Durkan, Edwards, Farrell, Ferguson, Fleming, Gallagher, Harkin, Jackson, Kelly, Logue, McGuire, McHugh, McKeever, McKinney, Mellon, Mooney, O'Neill and Reilly.
In Attendance:- Chief Executive (Mr J Kelpie), Lead Legal Services Officer (Mr P Kingston), Director of Health and Community (Mrs K McFarland), Director of Environment and Regeneration (Mrs K Phillips), Director of Business and Culture (Mr Stephen Gillespie), Lead Democratic Services and Improvement Officer (Ms E Cavanagh) Democratic Services Officer (Mrs S Maxwell) and Committee Services Assistant (Mrs T Johnstone).
______
C122/21 Notice and Summons of Meeting
The Mayor read the Notice and Summons for the Meeting.
C123/21 Member Attendance and Apologies
The Mayor completed the roll call. No apologies were recorded.
C124/21 Statement on Remote Meetings
The Chief Executive read the Statement for Remote Meetings.
C125/21 Declaration of Members Interests
The Mayor, Alderman McCready and Councillors Ferguson, Jackson, Duffy, McKinney, Mooney and O’Neill declared an interest in minute item C150/21.
Councillor Ferguson declared an interest in minute items C161/21 and C164/21
Councillor Cusack declared an interest in minute item C129/21.
Councillor Doyle declared an interest in minute items C152/21 and C164/21
Open for Decision.
1 Page 1 Chairperson’s Business
C126/21 Requests to raise items under Chairperson’s Business
The Mayor advised that he had received a substantial amount of requests, 11 in total, from Members to have issues raised under Chairperson’s Business. He expressed his thanks and appreciation to those Members who had worked with him to establish alternative options to have those issues raised. He stated that going forward, any requests to raise items under Chairperson’s Business would be considered and Members would be provided with an update before the Council meeting.
C127/21 Acknowledgements
The Mayor welcomed the new Elected Representative, Councillor Maeve O’Neill (PBP) to her first meeting of Council. He stated that he looked forward to working with her in the time ahead and wished her well in her new role.
He extended a fond farewell to Councillor Eamonn McCann who has stepped down from his duties as an Elected Representative due to health reasons. He wished Councillor McCann all the best and thanked him for all his efforts throughout the decades on his work for the people of the city and district.
He also paid tribute to Councillor Michael Cooper who recently announced that he would also be stepping down as an Elected Representative. He noted that Councillor Cooper had served as an Elected Representative for approximately ten years on behalf of Sinn Féin for the people of Northlands/Foyleside areas. He wished Councillor Cooper well in his future endeavours and new roles.
C128/21 Lighting up of Council buildings in commemoration of Miss Lyra McKee
The Mayor advised that he had held a number of meetings with the partner and close friends of the late Miss Lyra McKee on the approach of the second anniversary of her passing. He advised that they had requested to light up civic buildings on the anniversary of her death which he has agreed to do. He advised that images of Miss McKee would also be available for Members to share on their social media platforms to commemorate her anniversary.
C129/21 NIHE Kitchen and Bathroom Upgrades
Alderman Devenney thanked the Mayor for permitting him to raise an issue regarding work by the Northern Ireland Housing Executive in
2 Page 2 relation to the upgrades to kitchen and bathrooms. He stated that in previous occasions, such upgrades to Housing Executive properties would always be welcomed by Members. However, he expressed concern that in a number of cases, those upgrades had become a nightmare scenario for tenants. He noted issues such as up to 5 weeks with no running water, also workers using the tenants’ electricity whilst working at the property. He advised that tenants had also reported damage to walls and kitchen appliances due to substandard workmanship. He felt that the NIHE had a duty of care towards its tenants. However, these incidents had resulted in tenants losing confidence in the NIHE and they had subsequently relied on friends and relatives to carry out the necessary repairs.
Alderman Devenney Proposed, Seconded by Councillor R Barr
That Council invite representatives from the Northern Ireland Housing Executive to a Meeting of the Health and Community Committee to discuss issues around maintenance and upgrade programmes.
Councillor J Barr concurred with the sentiments expressed by the previous speaker adding that residents from the Strabane area had also contacted him regarding similar incidents.
Discussion ensued and Members thanked Alderman Devenney for raising the issue.
Alderman Guy suggested that a Special Council Meeting may be a more suitable arena for the issues to be fully addressed and that all Members may wish to contribute on a matter that affected them all.
Alderman Hussey Proposed an Amendment, Seconded by Councillor Gallagher
That Council invite representatives from the Northern Ireland Housing Executive to a Special Meeting of Council to discuss issues around maintenance and upgrade programmes.
Members were then asked to vote on the Proposal, the result of which was unanimous and the Council
Resolved That Council invite representatives from the Northern Ireland Housing Executive to a Special Meeting of Council to discuss issues around maintenance and upgrade programmes.
C130/21 Police Operations in the Creggan Area of the City
3 Page 3
Councillor Doyle stated that another police operation had recently been carried out in the Ballymagowan area of Creggan Estate. He stated that an army of officers had sealed an area off to enter one home. He stated that neighbours were cordoned off and those who expressed concern for the residents were treated ‘badly’ by police officers. He stated that a video had circulated on social media which showed a woman being pinned to the ground by three male police officers. He stated that bystanders were pushed and accosted, with one being seriously assaulted. He stated that in his opinion, the Creggan and Galliagh areas of the city had become testing grounds for a more aggressive, militaristic style of policing.
He stated that in the intervening days, politicians frantically issued press statements that they would, once again, meet with the PSNI to seek an explanation. He asked how many more tea and crumpet meetings would the political parties hold with the PSNI. He stated that he had visited the family home of the young person who had been assaulted and had also met with the woman who had been pinned to the ground. However, none of those politicians who had issued condemnations of the Police and young people had done so. He felt that this demonstrated a cynical approach and damage limitation taken by some political parties.
Continuing, he noted that the District Commander of the PSNI had stated in the local press that he would meet with Elected Representatives on the matter. He described this statement as ‘odd’ as since being a Councillor in November, he had requested multiple meetings with the District Commander regarding police tactics and had been re-directed elsewhere. He felt that this may give the impression that the PSNI were adverse to accountability. He believed that those Elected Representatives who did meet with the PSNI were in a precarious position as they had either been told in closed meetings that such incidents would not reoccur or worse, had been told that they would happen again and did nothing about it.
He stated that regarding the incident in Creggan, that violence solved nothing. He felt that the arrival of the PSNI in armoured vehicles to Creggan were not bothered by stone and petrol bombs being thrown. However, there were people in the community who are. He stated that if nothing was said it would allow another generation of young people to grow up angry and frustrated. He felt that without the discharge of some form of oversight and a stop put to such incidents, then eventually another person would be killed on our streets. He stated that criticising policing when it was not working and asking questions was the duty of all public servants, particularly when the Police have been part of the problem for some time.
4 Page 4 On a point of order, Councillor Mellon stated that for Councillor Doyle to assume or put statements out on behalf of her Party was uncalled for and urged him to retract his comments.
The Mayor stated that he was also about to interject to advise Councillor Doyle that presenting his proposal as Chairperson’s Business was not the arena for making political statements. He asked Councillor Doyle to submit his proposal.
Councillor Doyle expressed his concern that he was not being permitted to continue to speak on such an important issue.
The Mayor stated that he would not permit any attack on a political party or Elected Representatives during Chairperson’s Business.
Councillor Doyle Proposed, Seconded by Councillor Duffy
That this Council expressly condemns the aggressive and militaristic policing tactics utilised by the PSNI in areas of this City and District, demands an end to their use and that the PSNI District Commander come to this Council and be held accountable for the action of those under his command.
Councillor Burke stated that Sinn Fein totally condemned the heavy handed actions of the PSNI and that the scenes witnessed recently in the Creggan area should be condemned by everyone. She stated that her Party had met with the PSNI this week to raise concerns regarding how the situation unfolded in the Creggan Estate, particularly the incident where the woman had been restrained by 3 police officers. She advised that she had contacted the victim of the assault shortly after the attack. She stated that Sinn Féin challenged all reports of heavy handedness by the PSNI, as condemnation was insufficient when such incidents took place.
Continuing, she referred to comments made by Councillor Doyle regarding lack of action being taken, and advised that her Party had taken the matter directly to the PSNI. She stated that Sinn Féin were attempting to come up with alternatives, rather than posting comments on social media. She stated that Creggan deserved better and its people deserved to live in a safe place with the highest standard of policing. She stated that the scenes witnessed alongside the ongoing issues experienced by Creggan residents was unacceptable. She stated that the impact of those incidents and how the people from the area had been perceived was not correct. She stated that representatives from Sinn Féin, had recently met with the Minister for Justice and members of the community and voluntary sector, facilitated by Karen Mullan MLA on the matter. She stated that the people of Creggan
5 Page 5 demanded and deserved more for the community and that her Party would be supporting the proposal.
Councillor Donnelly stated that he would not be supporting the proposal brought forward by Councillor Doyle. He stated that such incidents were one of the biggest issues facing the residents of Creggan, particularly the young people. He stated that it was important to remember regarding this incident that the first use of violence came from the PSNI. He stated that twenty armoured vehicles were involved in a raid in the area and officers proceeded to smash the door of a local family. He stated that the home was ransacked and family members were assaulted, including a child. He stated that people who had arrived at the scene were attacked by batons with one person receiving a serious head injury. He advised that he had spoken to a woman who had been assaulted at the scene and manhandled forcibly to the ground and handcuffed in view of her child. He stated that the PSNI set up a cordon in the area and then proceeded to taunt and abuse residents whilst proudly displaying automatic weapons in a sinister and threatening manner. He stated that a local man was then arrested, hooded and handcuffed and felt that the PSNI had achieved its goal of provoking young people in the area.
He stated that evidence of these incidents was widely available on social media. However, he believed that media organisations compliantly accepted the PSNI version of events which were accepted unchallenged. He stated that the PSNI had issued a ludicrous statement that the majority of people from the Creggan area were supportive of their actions. He stated that the reality of this could not be further from the truth and has annoyed even moderate nationalists.
Continuing, he believed that this attack on an entire family and community was punitive and like previous occasions, was designed to inflict collective punishment on the people of Creggan. He stated that Republicans have been wrongly blamed for creating this situation. However, previous incidents such as disgraceful scenes on the Ormeau Road and the arrest of a journalist investigating British Police collusion regarding the Loughlinisland murders, had no Republican involvement. He believed that those who attempted to sell a discredited police force and promises of holding them to account, needed to re-evaluate their position. He stated that the PSNI could not be held to account or reformed, similar to any British force commissioned by Westminster operating in this part of Ireland.
He noted that the PSNI had admitted that an element of the force was beyond its control. He stated that given that 40 percent of the budget came from British Intelligence it was not surprising. He believed that the PSNI regularly inflicted punishment on the people of Creggan, including women and vulnerable children. He stated that politicians
6 Page 6 feigned anger and had promised to meet with PSNI chiefs to hold them to account. However, nothing had been actioned. He felt that despite promising decades of accountability nothing has changed and this allowed the PSNI to continue such activities with impunity. Therefore, he would not be supporting the motion by Councillor Doyle.
Councillor Carr stated that he was also unable to support the proposal. He stated that bringing the District Commander of the PSNI to Council would not change matters. He stated that the recent scenes witnessed in Ballymagowan was not an isolated incident and has been ongoing against young women and vulnerable children in the Creggan area. He stated that he has always been totally opposed to violence and had worked with the PSNI on a number of occasions, particularly regarding road safety. He stated that the recent incident had meant that he now had to openly challenge the actions of the PSNI.
Councillor Harkin stated that his Party would not be supporting the proposal as they could not support the PSNI being invited to Council. He concurred with the remarks made by the previous speakers and advised that an international discussion was taking place regarding the role of the police and its accountability. He felt that such incidents had been intensified by the pandemic. However, in Derry and across the North the issue of police accountability very much predated the coronavirus pandemic. He stated that the images broadcast on social media in Creggan were alarming as residents were subjected to heavy handed police tactics. He believed that by sending 20 armoured vehicles into Creggan meant that people were being criminalised by the PSNI. He felt that this had created a dangerous dynamic in the sense that people would be further alienated by the PSNI.
He noted other incidents over the past year such as the Black Lives Matter protests. He stated that issues from those demonstrations had still not been resolved even though every criticism lodged at the PSNI has been validated in terms of targeting people of colour at those demonstrations. He felt that the PSNI had been selective in who they targeted, which he described as concerning. He stated that the PSNI must be challenged, but also that the overall role of police in society must be questioned.
Alderman McClintock acknowledged a lack of confidence in the PSNI at this time across all communities. She stated that incidents had also taken place with the PSNI in Loyalist communities. She stated that her Party would not be supporting the proposal, as it made a statement that the police were aggressive and militaristic. She stated that whilst there were a large number of vehicles brought into the area, she asked why the PSNI felt the need to bring in those vehicles. She believed that it was because of the level of threat that was against the police at this present time. She stated that whilst she has seen people being injured
7 Page 7 in the incident, she had also witnessed orchestrated violence by young children. She stated that those children were being used to front the aims of others who had no place in society. She stated that whilst the actions appeared on the face of it to be quite aggressive, the other side must also be considered. She felt that the matter would be better dealt with at the PCSP where political parties would have the opportunity to question the PSNI in depth rather than attempting to bring them to a meeting of Council.
Councillor McKinney stated that the heavy-handed tactics by the PSNI was a serious issue. He reported that he had previously highlighted a recent matter with a member of the Policing Board after being approached by residents from the Bogside area of the City regarding the police treatment of young people. He stated that his Party believed in transparency in such matters and would therefore be supporting the proposal.
Councillor J Boyle stated that SDLP representatives had met with the woman who had been assaulted by the police and a number of local residents. He felt that Councillor Doyle should not assume what others were doing in relation to this particular matter. He stated that the Mayor had previously joined him as an SDLP representative when a Party delegation had met with local youth workers and senior police officers. He paid tribute to the local youth workers who carried out fantastic work in the Creggan area which must be recognised. He stated that Members should extend their gratitude to them for protecting children and young people on a regular basis.
Continuing, he advised that discussion with the SDLP and the Police on the matter had been frank and not without criticism. He stated that his Party would continue to hold the police to account when their tactics or operations were wrong. He stated that it was important for the PSNI to investigate and pursue criminal gangs and individuals who had the capacity and intent to maim and murder people in Creggan and further afield. He stated however, that the SDLP would never support heavy handed or antagonistic actions of police officers or others.
On behalf of the SDLP he expressed his condemnation towards those adults responsible for placing petrol bombs into the hands of children and encouraging them to attack the police. He stated that a young boy of approximately 12 years of age, had burned himself attempting to throw a petrol bomb. He stated that only for the actions of local youth workers, that child could have been maimed for life. He felt that inviting the District Commander to Council would enable everyone to have their say on the matter.
Councillor Gallagher stated that he would not be supporting the proposal. He referred to remarks made by Alderman McClintock and
8 Page 8 stated that in very recent times in the Waterside area of the city, there had been shots fired, hand grenades and pipe bombs thrown and an attempted murder. However, 20 or 30 armoured police vehicles had not been in attendance at those incidents. He believed that if Elected Representatives felt there was a balance in policing in the city they had to face facts. He believed that police operations carried out in that area were imbalanced and designed to demonise the residents. He felt that inviting the District Commander of the PSNI to Council would be futile and therefore, would not be supporting the proposal.
Councillor R Barr stated that whilst he welcomed the proposal by Councillor Doyle he was unable to support it on a matter of principle. He stated that confidence in the PSNI had seriously eroded over the past year with very little changes being evident in police procedures in Northern Ireland.
Alderman Guy referred to the video of the incident that had circulated on social media. He stated that three police officers holding down any woman was uncalled for. He further stated that the assault by the police on a vulnerable young person on two separate occasions was wrong. However, he stated that it was important to establish all facts in the matter, rather than highlighting particular incidents. He referred to Councillor Gallagher’s comments regarding incidents in the Waterside and stated that the police had been asked to take more action regarding such incidents.
Continuing, he believed that if there was no paramilitary presence, there would be no need for house searches or stop and search operations by the police. He stated that a lot of searches were carried out by police in the Waterside with a significant police presence in attendance. However, people from those areas did not come out to attack the police. He felt that police should be left to carry out their duties. He stated that it was important for people to come together and speak to the police and move forward.
Alderman Devenney stated that the DUP, condemned any such activity from all sides of the community. He stated that he was not aware of the background for the reasons for the searches in Creggan. However, whilst the majority of Elected Representatives supported policing, his Party would always condemn excessive methods used by the PSNI. He referred to comments made by Councillor Gallagher regarding the PSNI demonising the people of Creggan. However, he did not hear any mention regarding the activity of dissident republicans who had made threats towards police officers.
Councillor Doyle Proposed, Seconded by Councillor Duffy
9 Page 9 That this Council expressly condemns the aggressive and militaristic policing tactics utilised by the PSNI in areas of this City and District, demands an end to their use and that the PSNI District Commander come to this Council and be held accountable for the action of those under his command.
After a request by Councillor Doyle for a recorded vote the result was as follows:
For: Councillors J Barr, J Boyle, M Boyle, Burke, Cusack, Dobbins, Doyle, Duffy, Durkan, Edwards, Farrell, Ferguson, Fleming, Jackson, Kelly, Logue, McGuire, McHugh, McKeever, McKinney, Mellon, Mooney, Reilly and Tierney – 24.
Against: Aldermen Bresland, Devenney, Guy, Hussey, Kerrigan, McClintock, McCready, Ramsey and Warke; Councillors R Barr, Carr, Donnelly, Gallagher, Harkin and O’Neill – 15.
The proposal was therefore carried and the Council
Resolved That this Council expressly condemns the aggressive and militaristic policing tactics utilised by the PSNI in areas of this City and District, demands an end to their use and that the PSNI District Commander come to this Council and be held accountable for the action of those under his command.
Councillor Carr Proposed, Seconded by Councillor Donnelly
That Following a number of incidents involving violence and human rights violations against women, DCSDC will write to the Northern Ireland Human Rights Commission and the Committee on the Administration of Justice, asking them to conduct an immediate investigation into recent complaints of inappropriate policing tactics used against women and vulnerable children in Creggan.
The Mayor stated that after seeking legal advice regarding the proposal brought forward by Councillor Carr, in normal circumstances he would request that the matter be presented as a notice of motion at a future Council meeting. However, given the severity of the recent incidents and the public interest, he would accept the proposal on this occasion.
10 Page 10 Alderman Warke believed that the New IRA had created the problem within those communities and not the PSNI. He stated that the organisation had shown total disregard towards any human rights in the community. He noted that some Elected Representatives had not challenged or condemned their activities. He believed that the New IRA were carrying out bombing and shooting attacks and that the PSNI were there to protect the community. He stated that the organisation posed a threat and created fear within those communities therefore police were carrying out house searches for a reason.
Continuing he noted that the second anniversary of the heartless murder of Lyra McKee was approaching. He stated that the recent incident in Creggan had illustrated that the New IRA continued its practice of lawlessness. He stated that Council must show support towards the PSNI to make the communities throughout the city and district more safe.
Councillor Doyle stated that he understood the concerns of the Independent Members of Council regarding his proposal and he would be supporting the proposal brought forward by Councillor Carr. He stated Council had limited powers regarding the issues raised in relation to the actions of the PSNI. Therefore, he welcomed the proposal that requested an external body that had the confidence of the community to conduct an investigation. He stated that police carrying out their duties using large convoys of armed vehicles was not normal policing. He advised that the District Commander of the PSNI had refused to meet with him on the matter. However, after meeting with a PSNI Inspector, he stated that the significant number of armoured vehicles used to carry out a house search in comparison to an elderly resident from the same area who had reported a burglary had not received any response after 6 days, could not be explained. He believed that there was no community policing taking place in that particular area.
Continuing, he referred to comments by Alderman Warke regarding the late Lyra McKee and stated that on the night that she had lost her life, he believed that violence was in the minds of many people at the scene. However, there were also issues regarding the overall policing in the community at that time. He stated that concerns had been raised on that particular incident and other policing issues since then and the so-called service being provided by the PSNI.
Councillor Burke stated that her Party would support the proposal. She stated that any reports or incidents of heavy handedness or improper policing should be investigated. She welcomed the investigation by the Human Rights Commission, which was a mechanism put in place by the Good Friday Agreement to safeguard the citizens of Northern Ireland. She referred to comments made by Alderman Warke and
11 Page 11 stated that Sinn Féin did not condone the New IRA and that was why she had specifically mentioned issues regarding paramilitary activity.
Councillor J Boyle stated that the SDLP would be supportive of Councillor Carr’s proposal. He welcomed any opportunity that would afford the people of Creggan the opportunity to have their voice heard and opinions expressed. He stated that whilst he understood that others may not have confidence in the work carried out by the Police Ombudsman, his Party supported the organisation.
Continuing, he expressed concern that the memory of the late Lyra McKee was being besmirched by allowing her name to be used as a political football. He stated that her passing almost two years ago, still greatly impacted on her partner, family and close friends. He stated that if the Northern Ireland Human Rights Commission and the Committee on the Administration of Justice could see a way of conducting a broader piece of research and investigation, this should be welcomed. He believed that everyone wanted a society of harmony and understanding with respect for the rule of law for all of us.
Councillor Ferguson stated that the Alliance Party would be supporting the proposal by Councillor Carr. She stated that when concerns were raised regarding such incidents tactics, the current structures in place were unsatisfactory and an investigation should take place. She advised that whilst her Party were agreeing to such an investigation did not mean that they were opposed to the PSNI. She stated that the PSNI had carried out some fantastic work, adding that there was room for improvement within any organisation, government or statutory body. She hoped that the outcome of such an investigation could mean that we could learn, scrutinise and find better ways forward.
Councillor Harkin stated that People Before Profit welcomed the proposal from Councillor Carr. He believed that the PSNI were incapable of holding themselves to account and that the government at Stormont was also incapable of holding them to account. He believed that the tactics of the PSNI had become more aggressive and militaristic which would have implications for people across the city and district. Therefore, he felt that the Northern Ireland Human Rights Commission and the Committee on the Administration of Justice were capable of delving into the issues raised.
He referred to comments made by previous speakers that the police operation in Creggan was in response to paramilitary activity. He advised that former Councillor, Eamonn McCann had spoken out for decades regarding police violence and the socialist opposition of paramilitary activity as futile. He stated that it was important to establish why such incidents were taking place and look at alternatives to help move things forward.
12 Page 12
Councillor Donnelly stated that he was a proud Creggan man and a Republican. He stated that he, his family and children lived in the area and hoped that his grandchildren would also live in Creggan. He stated that whilst Creggan was a place that received a lot of bad press, he would not reside anywhere else. He stated that Creggan has a proud history of republicanism and opposing the British State and all of its injustices. He believed that the PSNI were at the frontline of protecting that state and would inflict collective punishment on the community. He stated that he would support the Proposal brought forward by Councillor Carr.
Continuing, he referred to Councillor J Boyle’s comments regarding his trust in the Police Ombudsman. He believed that Councillor J Boyle never had a reason to go to the Police Ombudsman. He stated that he had visited the Ombudsman on numerous occasions, particularly when he was inflicted with a serious bone fracture by the PSNI during a stop and search operation. He stated that many were attempting to turn around the actions of the PSNI in Creggan and blame it on Republican violence. He stated that the incident in Creggan was one of numerous such incidents that had taken place. He advised that he had earlier mentioned the Ormeau Road and the Loughanisland investigation as people where maimed and killed by Loyalist paramilitaries in collusion with the British State.
Councillor Carr Proposed, Seconded by Councillor Donnelly
That Following a number of incidents involving violence and human rights violations against women, Derry City and Strabane District Council will write to the Northern Ireland Human Rights Commission and the Committee on the Administration of Justice, asking them to conduct an immediate investigation into recent complaints of inappropriate policing tactics used against women and vulnerable children in Creggan.
Members were asked to vote on the proposal, the result of which was as follows:
For:- 31; Against:- 6; Abstentions:- 2.
The Proposal was therefore carried and the Council
Resolved That following a number of incidents involving violence and human rights violations against women, Derry City and Strabane District
13 Page 13 Council will write to the Northern Ireland Human Rights Commission and the Committee on the Administration of Justice, asking them to conduct an immediate investigation into recent complaints of inappropriate policing tactics used against women and vulnerable children in Creggan.
C131/21 Chamber of Commerce meeting with Dalradian Gold Ltd
Councillor Harkin thanked the Mayor for allowing him the opportunity to speak on such a concerning issue. He stated that the Chamber of Commerce held a recent event for Dalradian Gold Ltd. He stated that many people had written to the Chamber of Commerce asking them not to host the event. He noted that Council had a corporate position which opposed gold mining activity in the Sperrins. He stated that Members had also stood in solidarity with many of the campaigns by organisations across the Sperrin area and other council areas who were determined to make sure that the Sperrins would be protected and did not permit toxic mining to destroy it. He further stated that the issue of goldmining in that area was extremely contentious and expressed concern that the Derry Chamber of Commerce had hosted such an event. He felt that it was important for Council to remind the Chamber of Commerce of Council’s position.
Continuing, he stated that Council had a working relationship with the Chamber of Commerce and for them to openly oppose Council’s corporate position on the matter should be addressed.
He suggested that Council contact the Chamber of Commerce to express our disappointment at its decision to host a PR event for Dalradian Gold; and to remind the Chamber of the Council's corporate position in opposition to gold mining in the Sperrins. Council write to the Minister for Infrastructure and the Executive Office requesting a date for the already agreed upon public inquiry into proposed gold mining in the Sperrins by Daldradian and; write to the Minister for Infrastructure and the Executive Office expressing Council's disappointment at the decision to allow Dalradian Gold to move ahead with development plans in the Sperrins, namely the abandonment of Crockanboy Road, before the agreed upon public inquiry has been held. This is known as 'project splitting' and is a loophole used to bypass democratic accountability.
The Mayor advised that he had received Councillor Harkin’s communication on the matter and also from an Elected Representative from another council area and members of the public. He stated that he recently spoke directly to the Chamber of Commerce to make them
14 Page 14 aware of Council’s corporate position in terms of sponsorship of events by Dalradian Gold Ltd in this council area. He advised that he had spoken to the Chamber of Commerce as an Elected Representative rather than Mayor, as in his view, he had not been mandated to do so as Mayor. Therefore, he was speaking in a private capacity. He advised that during that conversation, the Chamber of Commerce had outlined that they had planned to proceed with the event due to a number of their members registering to participate in the webinar. He stated that he was informed that it was a ‘meet the supplier’ type of event. He further advised that they had also informed him that they were not taking a corporate view on whether or not the project should go ahead and clearly stated that it was their understanding that it was a matter for an independent public inquiry to determine in due course.
The Mayor advised Councillor Harkin that in terms of the proposal, after giving it due consideration, he felt that it was a lengthy proposal and in attempting to hold a consistent approach in such matters, he requested that Councillor Harkin submit it as a notice of motion to a future meeting of Council or to the appropriate Committee. He felt that this would permit a proper, full discussion to take place on this particular issue whilst also affording Elected Members the opportunity to form a position on the proposal.
Councillor Harkin accepted the decision of the Mayor and asked if Members could be permitted to give their opinion on the subject matter rather than the proposal. The Mayor agreed.
Councillor Gallagher stated that the Mayor had recently hosted a powerful event on the City Deal regarding creating a good working relationship and harmony across the city and district. He believed that the Chamber of Commerce was aware of Council’s corporate position on this particular matter and had deliberately ignored it. He expressed his disappointment towards the Chamber of Commerce and Dalradian Gold as the company’s only goal was to wreck the environment of the Sperrins. He stated that Council had introduced a Local Development Plan (LDP) and noted that the protection of the Sperrins was contained within this document. He believed that the Chamber of Commerce were aware of and had been consulted on the LDP. He noted that Council had taken legal action against Dalradian Gold Ltd and should therefore send a clear message to the Chamber of Commerce regarding its corporate position on the matter.
Councillor R Barr concurred with the comments made by Councillor Harkin. He felt that it defied belief that the Chamber of Commerce could go against the wishes of the people and Elected Representatives to hold such an event. He stated that the working relationship between the Chamber and Council appeared to be a one-way affair, which he felt was unacceptable.
15 Page 15
C132/21 Confirmation of the Open Minutes of the Meeting of Derry City and Strabane District Council held on Thursday 25 February 2021
The Minutes of the Meeting of Derry City and Strabane District Council held on 25 February 2021 (C57/21-C112/21) were submitted.
Alderman Devenney Moved, Councillor McKinney Seconded and the Council.
Resolved that the above Minutes be adopted, as a true record of the Meeting.
Matters Arising
C133/21 Potholes throughout the Council Area (C66/21)
Councillor McGuire noted the recent announcement by Minister for Infrastructure in relation to a further delay to the A5 upgrade. He described the news as extremely disappointing. He proposed that Council write to An Taoiseach, the Tánaiste, Executive Office and the Minister for Infrastructure to ensure that the project was continued; also that both administrations in Stormont and Dublin make a clear commitment to the A5 and that Council urgently reconvene the A5/N2 working group to lobby for the continuation of the A5 road project.
The Mayor thanked Councillor McGuire for his proposal. However, similar to Councillor Harkin’s earlier proposal, it was quite an extensive proposal. He advised that to enable Members to have a full debate on the matter and form a position on it, that Councillor McGuire submit his proposal at a future Council meeting.
Councillor McGuire stated that he had only requested for correspondence be sent on the matter.
The Mayor reiterated his previous comments that the proposal be presented as a motion to a future meeting of Council to permit a full and informed discussion on the matter.
Councillor Duffy stated that the A5 project was a well-rehearsed issue at Council and beyond. Therefore, Members were well placed to make a decision on the matter today. She stated that agreement had been reached by Council in terms of growth partnerships and the Inclusive Growth Deal, that the A5 is an integral part of our development as a city and district. She stated that the project was also vital in terms of road safety networks. She advised that she had recently attended a meeting of the North West Regional Development Group where unanimous agreement had been reached in relation to the development of the A5.
16 Page 16
The Mayor stated that he was attempting to ensure that in his time as Mayor, that he maintained a consistent approach on any decisions made on such matters.
Councillor J Barr expressed disappointment that the A5 had come across a further stumbling block. He referred to the Public Accounts Committee (PAC) report where Minister Mallon had to make the difficult decision to place the scheme out for further consultation, given the environmental concerns raised by the Commissioner. He stated that although it was disappointing, the decision needed to be made as the progress of the scheme could have left the entire A5 project vulnerable to a legal challenge. He stated that the SDLP remained committed to the A5 project as it was needed to save countless lives on our roads, increase connectivity to Belfast and Dublin and to create much needed jobs and investment in the North West. He stated that the A5 scheme must be progressed and that his Party had no issue in writing to the Minister for Infrastructure as they were fully aware of her commitment to the project.
Alderman Hussey also referred to the meeting held on 23 March and expressed concern when the Project Manager of the Roads Service had reported the fall in numbers of staff available to progress the workload of the Western DfI Roads Division, coupled with the drop in financial resources to the Division compared to previous years. He stated that this was a drop in administrative staff of 40% from 28 to 17. He noted that this was a decrease of 11 from the number previously regarded as necessary to undertake the administrative work of the Division. He stated that although this could not be quantified, similar falls in numbers of industrial staff who undertook the physical work on our roads and networks may also be the case. He believed that in his opinion, the local Western Division was not being properly resourced to ensure the proper maintenance of the local roads network. He queried why the DfI Minister had not sought extra funding during the last financial monetary round at Stormont. He believed that such funding could have eased an unacceptable situation for local Roads Service Staff.
Alderman Hussey proposed that Council write to the DfI Minister highlighting our deep concern at this unacceptable situation and demanding a restoration of staff levels and finance appropriate to the workload impacting on our local Western Division Road Service personnel.
On a point of order, Alderman McCready stated that whilst he concurred with the sentiments expressed by Alderman Hussey, he sought clarity on whether the matter should be discussed at this point
17 Page 17 in the meeting or during a motion on a similar matter listed on the agenda.
In response, the Lead Legal Services Officer advised that the approach taken by Council in the past would have been to defer discussion on a matter when such was a notice of motion on the agenda. He advised that it was prudent to defer any further discussion on the matter until the notice of motion from Alderman McCready was tabled to be presented.
Councillor McGuire asked if an urgent reconvening of the A5/N2 working group could be facilitated to progress the matter.
The Mayor advised that Officers would make the necessary arrangements to schedule a meeting as soon as possible.
C134/21 Green Infrastructure Action Plan 2019 -2032 – Annual Report (C83/21)
Councillor Donnelly referred to the concerns raised by Councillor Duffy regarding the proposed importation of the Italian bee to Northern Ireland. He extended his thanks to Councillor Duffy for highlighting the issue, as he had been contacted by a number of beekeepers on the matter. He noted that a local newspaper reported plans to set up a business in Newry with the potential of importing 15 million Italian bees. He stated that this would be extremely detrimental to the indigenous bee on this island. He further noted that the area in Italy were the bees were being sourced had a serious outbreak of small hive beetle, a destructive pest of honey bee colonies. He stated that there had been no established link in trade between Northern Ireland and England due to the recent Brexit protocols and regulations, therefore a ban was currently in place regarding bringing Italian bees into Great Britain.
He expressed concern at the loophole in the regulations where the bees could be brought into the Republic of Ireland, through Northern Ireland and then on to Great Britain. He stated that if the Italian bee mixed with the local bee population this could result in the extinction of the Irish black bee with a significant impact on the economy in terms of pollination.
Councillor Donnelly Proposed, Seconded by Councillor Duffy
That In light of recent revelation about plans to import Italian bees into the island and given the dangers associated with this, Council immediately contact
18 Page 18 Gordon Lyons MLA, Charlie Mc Conologue TD and call for a ban on the importation.
Councillor Duffy concurred with the sentiments expressed by Councillor Donnelly. She advised that she had been recently contacted by Derry and District Beekeepers and she had also been in contact with her Party colleague Mr Declan McAleer in relation to raising the matter at the Assembly. She stated that he was currently waiting on the DAERA Minister to provide a response on the matter as it was a significant issue. She advised that Edwin Poots MLA had returned to his position as DAERA Minister and asked if Councillor Donnelly would be content to make the necessary change to his proposal.
Councillor Donnelly agreed to alter the proposal to reflect the return of Edwin Poots MLA.
Councillor Donnelly Proposed, Seconded by Councillor Duffy
That In light of recent revelation about plans to import Italian bees into the island and given the dangers associated with this, Council immediately contact Edwin Poots MLA, Charlie Mc Conologue TD and call for a ban on the importation.
Members were asked to vote on the proposal, the result of which was unanimous and the Council
Resolved That in light of recent revelation about plans to import Italian bees into the island and given the dangers associated with this, Council immediately contact Edwin Poots MLA, Charlie Mc Conologue TD and call for a ban on the importation.
C135/21 C71/21 Responses to Motions
Councillor Farrell referred to the New Decade New Approach commitment by the Executive to bring forward proposals to expand Magee Campus to 10,000 students. He advised that his Party Colleague, Sinead McLaughlin MLA had recently questioned the Minister for the Economy, Diane Dodds MLA, on that commitment. He stated that she had failed to declare support towards the expansion at Magee and also to provide details on when expansion proposals would be progressed. He stated that instead, she focussed on her aspirations for a regionally balanced approach across all the Ulster University’s campuses. He stated that there was no government commitment to expand Belfast or Coleraine but there was one for Magee. He believed that the Minister for the Economy must support the proposals for
19 Page 19 Magee Campus and that the SDLP did not agree with the Minister’s position on the matter.
He noted that the First and Deputy First Ministers had been written to on numerous occasions during the past year with no responses received. He stated that honesty and clarity was needed from both the First and Deputy First Ministers on this important issue. He stated that whilst he understood the funding difficulties and the costs involved for the expansion at Magee, it had remained a key priority for Council for the past 56 years. He stated that the First and Deputy First Ministers were responsible for the delivery of the New Decade New Approach document and that it was important that they came to an agreed decision on the matter.
C136/21 Presentation – To receive Ms S McDaid, NIPSA, Stewart Smyth, PhD, University of Birmingham, Mr C Bailie (Chief Executive) and Professor P Roberts (Chairperson) NIHE to discuss Council Motion (C75/21)
Councillor Harkin noted that Council had recently passed a motion opposing the privatisation of the Northern Ireland Housing Executive (NIHE). He wished Council to note that the Northern Committee of the Irish Congress of Trade Unions (NIC ICTU) at their biennial delegates conference involving all trade unions from across the North, passed a motion which called for ‘No to Housing Privatisation’. He stated that this was an endorsement of Council’s position on the matter. He stated that the committee had also rejected the Minister’s proposal to reclassify the NIHE as a co-op or mutual organisation. He proposed that Council write to NIC ICTU commending their motion 'No to Housing Privatisation' passed at its 23 March Biennial Delegate Conference rejecting the DfC Minister's proposal to privatise the Housing Executive by breaking it up through reclassification into a mutual/co-op. Council also extends its support to the trade union campaign to secure the future of the NIHE as a publicly owned and accountable housing authority.
The Mayor thanked Councillor Harkin for the proposal and once again stated that Members were not given the opportunity to see and understand the detail of the proposal needed to make an informed decision on the matter. Therefore, he would not be accepting the proposal at this point in the meeting and suggested that it be presented as a notice of motion at a future meeting of Council.
C137/21 Request to Install External Water Taps in Parks (C63/21)
20 Page 20 In response to a request by Councillor Dobbins for an update on the matter, the Director of Environment and Regeneration advised that Officers had been working through the issues and a report would be presented at a future meeting of the Environment and Regeneration Committee.
C138/21 Castlederg Sorting Office (C69/21)
Councillor Duffy stated that it had been brought to her attention that there were no post boxes available throughout the Skeoge and Ballymagroarty areas of the City. She stated that there were a significant number of houses in those areas, therefore a post box for local residents was needed. She requested that Council write to Royal Mail to asking them to consider the matter.
The Mayor advised that Officers would action the request.
C139/21 Condemnation (C86/21)
Alderman Hussey referred to difficulties experienced by members of the public regarding opening times at the various recycling centres. He advised that Councillors from the Derg DEA recently had a meeting with Officers regarding the potential for a replacement for the currently closed Killen Recycling Centre. He stated that work on this project could take up to two years to complete to service the Derg Valley area. He stated that currently a skip lorry was located at Spamount 2 days per week to service the entire area. He stated that people from the Derg area deserved better provision and asked that Officers bring a report on the potential of temporarily extending the skip facilities at Spamount, Castlederg to 6 days per week until the permanent site at Killen was in situ.
The Mayor advised that the Director of Environment and Regeneration would be content to give this her full consideration.
C140/21 Call for Restoration of the Great Northern Railway Line from Derry to Strabane (C100/21)
Councillor Harkin stated that Councillor Edwards motion, passed at the February meeting of Council had raised the prominence of rail provision throughout the North West. He advised that in subsequent discussions with rail campaigners, they had agreed on the following proposals for Council to action as soon as possible.
Council will seek to protect track beds for the future expansion of rail links across the District, the North West and beyond.
Council will organise a half-day conference with Translink, DfI, other
21 Page 21 relevant Departments, other neighbouring Councils and rail campaigners as means of discussing in practical terms how we can advance the development of rail in the North West in line with our support for rail expansion, regional economic development and our climate emergency pledge.
The Mayor advised Councillor Harkin that as in previous proposals presented at this meeting, it was quite extensive and that Members would need more time to be able to give this matter their full attention. He suggested that this be deferred and that Officers present a report based on the outcomes of the proposal to the relevant committee.
Councillor Harkin stated that he was content for this action to be taken.
C141/21 Confirmation of the Open Minutes of the Special Meeting of Derry City and Strabane District Council held on Monday 1 March 2021
The Minutes of the Special Meeting of Derry City and Strabane District Council held on 1 March 2021 (SC37/21-SC42/21) were submitted.
Alderman Devenney Moved, Alderman Guy Seconded and the Council.
Resolved that the above Minutes be adopted, as a true record of the Meeting.
The Mayor requested a short recess at this point in the meeting.
C142/21 Confirmation of the Open Minutes of the Special Meeting of Derry City and Strabane District Council held on Monday 8 March 2021
The Minutes of the Special Meeting of Derry City and Strabane District Council held on 8 March 2021 (SC43/21-SC48/21) were submitted.
Councillor Doyle Moved, Alderman Guy Seconded and the Council.
Resolved that the above Minutes be adopted, as a true record of the Meeting.
C143/21 Monthly Governance and Strategic Planning Committee held on Tuesday 2 March 2021
The Minutes of the Governance and Strategic Planning Committee held on 2 March 2021 (GSP29/21-GSP41/21) were submitted.
Alderman Bresland Moved, Councillor Mooney Seconded and the Council
Resolved that the above minutes be adopted as a true record of the meeting.
Matters Arising from the Minutes
22 Page 22
C144/21 Presentation – To receive Mr L Gallagher, Unite the Union – Re. a Council Motion on Workers’ Rights to Trade Union Membership (GSP33/21)
Councillor Harkin referred to the recent presentation by representatives of UNITE at a recent meeting of the Governance and Strategic Planning Committee. He noted that correspondence from the Managing Director of E&I Engineering was included under agenda item 12 of today’s meeting. He stated that the letter had also been distributed to Members of the Governance and Strategic Planning Committee prior to the meeting on 2 March 2021. He believed that in his opinion, Council should make a collective response to that correspondence, as several points needed to be addressed on the matter.
On a point of order, Councillor J Boyle asked would it not be more appropriate to discuss this matter at the appropriate part of the agenda.
The Mayor concurred with the remarks made by Councillor J Boyle and therefore deferred the discussion until later in the meeting at the appropriate point.
Alderman Hussey confirmed that as Chair of the Governance and Strategic Planning Committee, that the correspondence had been made available to Committee Members. He advised that he had also referred to the content of the correspondence from E&I Engineering during the discussion at that meeting.
C145/21 Monthly Planning Committee held on Wednesday 3 March 2021
The Minutes of the Planning Committee held on 3 March 2021 (P55/21- P76/21) were submitted.
Alderman Bresland Moved, Seconded by Alderman Kerrigan and the Council
Resolved that the above minutes be adopted as a true record of the Meeting
C146/21 Monthly Business and Culture Committee held on Tuesday 9 March 2021
The Minutes of the Business and Culture Committee held on Tuesday 9 March 2021 (BC41/21 – BC58/21) were submitted.
Councillor Doyle Moved, Seconded by Alderman Guy and the Council
Resolved that the above minutes be adopted as a true record of the Meeting.
23 Page 23 C147/21 Monthly Environment and Regeneration Committee held on Wednesday 10 March 2021
The Minutes of the Environment and Regeneration Committee held on 10 March 2021 (ER62/21 – ER86/21) were submitted.
Alderman Devenney Moved, Seconded by Alderman Hussey and the Council
Resolved that the above minutes be adopted as a true record of the Meeting
Matters Arising from the Minutes
C148/21 Mobuoy Update (ER76/21)
Councillor McHugh expressed concern regarding the increase in illegal dumping throughout the entire city and district over the past year. He stated that local beauty spots outside the Clady area such as Urney Fort, had seen a large amount of illegal dumping taking place. He stated that he had attempted to contact an Officer from the Environment and Regeneration Directorate on the matter but as yet had received no response. He advised that the area at Urney Fort was on private land, close to a public road and that members of the local community development association were willing to lift the rubbish but sought Council’s co-operation on the matter.
He stated that there was a general feeling throughout the area that the one-hour window at local recycling centres, particularly at Strahan’s Road was insufficient for large vans. He believed that this may have led to the increase in illegal dumping. He proposed that a report be brought to the Environment and Regeneration Committee with options to increase access for large vans from the current 1 hour window at our recycling centres and in particular, Strahans Road.
Councillor Edwards concurred with the sentiments expressed by Councillor McHugh and asked if it would be possible for Officers to include what action Council was taking in terms of enforcement regarding fly-tipping, particularly in rural areas.
In response the Director of Environment and Regeneration advised that in relation to vans accessing recycling centres, Members of the Committee were aware that Officers were looking at actions to enable vans across all recycling centres to avail of an online booking service. She stated that the particular software required had been designed and would be trialled next week. She stated that a report would be presented at the April meeting of the Environment and Regeneration Committee to provide and update on progress. She stated that whilst the frustration of users at those sites was understandable, the coronavirus restrictions in place must be followed. She advised that
24 Page 24 Officers will contact Councillor McHugh in relation to the incident of fly-tipping.
Alderman Kerrigan referred to the disposal of animal carcasses. He stated that he had contacted the Department for Infrastructure (DfI) Rivers and Council Officers in relation to animals that had been disposed of. He stated that Environmental Health had advised that whilst it was within their remit, Council used a third party to actually dispose of the livestock. He stated a number of animal carcasses were found lying in the river at the Fairy Water burn, a tributary that led into the River Strule and subsequently into the Mourne and Foyle Rivers. He advised that he personally removed the animal carcasses from the water which he described as an unpleasant experience. He stated that DfI Rivers had the authority over waterways and therefore should be responsible for the removal of the animal carcasses. However, they had advised him that they will only deal with and remove items that have been dumped if liable to cause flooding. He believed that no-one was going to remove those animal carcasses from the water and Council Officers had informed him that Council did not have the authority or the adequate training to enter into water courses to remove items.
Alderman Kerrigan Proposed, Seconded by Alderman Hussey
That Council write to the Minister for Infrastructure and seek to get a review of the role of DFI Rivers in relation to the recovery of animal carcasses and other items which have been disposed of illegally in waterways and on river banks of the River Foyle and its tributaries.
That these items do not be left to the adjoining land owners to cover the cost of disposal.
If Council are deemed responsible for the disposal of the items that these be recovered with the assistance of DFI Rivers personnel.
The Mayor advised that it was quite an extensive proposal. However, if Members were in agreement he would be happy to accept it at this point in the meeting for discussion.
A discussion ensued and Alderman Kerrigan was thanked and commended for taking action on the matter, which was described by local people as extremely distressing.
Councillor J Boyle advised that he had been previously assisted by the Environmental Health team with regard to animal carcasses found in
25 Page 25 the River Foyle and asked for more clarity as broader consideration was needed on the matter.
In response, the Chief Executive advised that the issue of the disposal and removal of fallen animals had previously been raised over the past several years. He stated that it was a complicated issue and advised that for a more detailed debate to take place that the matter be referred to a meeting of the Environment and Regeneration Committee. He said that if Members agreed, Officers would present a report to the Committee on the entire issue of fallen animals, particularly in local rivers and waterways.
Alderman Kerrigan agreed that this was a suitable way to move the matter forward.
Alderman McClintock stated that she wished to pay tribute to Council Officers, particularly to the Head of Environment as she had been made aware of illegal dumping late on Friday afternoon. She advised that she had reported it to the Head of Environment who had taken immediate action on the matter.
C149/21 Monthly Health and Community Committee held on Thursday 11 March 2021
The Minutes of the Health and Community Committee held on Thursday 11 March 2021 (HC62/21-HC90/21) were submitted.
C150/21 Proposed Pay Increase for Healthcare Workers (HC68/21)
At this point in the meeting, the Mayor requested that the Deputy Mayor Chair take over as Chair during this item of business.
Due to declarations of interest, the Mayor, Alderman McCready and Councillors O’Neill, Jackson, Duffy, McKinney and Mooney asked to be removed from the meeting during discussion of this item.
Councillor Harkin stated that he felt it was unfair that those who had a connection to the Health Service had to remove themselves from the discussion as it was an issue that affected everyone across society. He asked that the matter be looked into in terms of future discussions pertaining to the Health Service.
He referred to the discussion at the Health and Community Committee meeting regarding the proposed 1% pay increase for healthcare staff which he described as insulting. He stated that healthcare staff had expressed dismay and anger at the proposed increase. He believed it was a political choice by the Conservative Government to insult healthcare staff.
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He stated that Council had consistently supported healthcare workers in their demands for a significant pay increase of between 10 and 15 percent. Also, Council had supported any calls for industrial action if healthcare workers chose to take that course of action. He noted that 300,000 NHS workers had recently worked unpaid overtime during the coronavirus pandemic. He stated that this was part of their sacrifice to help people throughout the past year and this is how they have been treated. He referred to the recommendation endorsed by the Committee to contact the Chancellor of the Exchequer and the Pay Review Body and asked Members’ approval to include to also write to the Secretary of State on the matter. He stated that he would fully support any proposals from Council to put pressure on the decision makers and to stand in solidarity with the health and social care workers.
The Chief Executive advised that this proposal related to healthcare workers and there was a notice of motion later on in the meeting related to local government. Therefore, as Councillor Harkin had proposed an addition to the recommendation endorsed by the Health and Community Committee, it was an admissible proposal.
Councillor Harkin stated that he wished to propose an addition to the recommendation made at the meeting of the Health and Community Committee on Thursday 11 March 2021 in respect of HC68/21 to include writing to the Secretary of State.
Councillor Harkin Proposed, Seconded by Councillor Doyle
That Council will write to the Westminster Chancellor Rishi Sunak, the Pay Review Body and the Secretary of State expressing our anger and disappointment at the insulting pay offer proposed for our health heroes and calling on the government to meet health unions demands for a significant pay increase.
Council will write to the Greater Manchester Police calling on them to drop the fines on health workers attending a socially-distanced and risk assessed protest against the proposed pay offer on Sunday March 7.
Councillor Reilly stated that his Party supported the proposal as the health care workers had faced significant challenges, particularly during the past year. However, prior to the coronavirus pandemic, they had asked for fairer pay and had gone on strike to demand pay parity with colleagues across the profession. He stated that healthcare staff were being underpaid for carrying out such sterling work which was
27 Page 27 unacceptable.
Alderman Hussey stated that it was also important to continue to make representation to the Pay Review Body on the matter.
Councillor Harkin advised that the Pay Review Body was included in the original recommendation by the Committee.
Councillor Doyle concurred with the sentiments expressed by Councillor Harkin. He stated that the public sector pay policy implemented by the Minister for Finance would conflict with giving healthcare workers the well-deserved pay increase. He commended the Minister for seeking a further review of the policy, as otherwise there would be no uplift past the 1%. He believed that the pay process was a shambles and needed to be closely monitored and welcomed future progress on the matter.
Councillor Logue stated that Sinn Féin supported the proposal to include that correspondence be sent to the Secretary of State.
Members were asked to vote on the proposal, the result of which was unanimous and the Council
Resolved That Council will write to the Westminster Chancellor Rishi Sunak, the Pay Review Body and the Secretary of State expressing our anger and disappointment at the insulting pay offer proposed for our health heroes and calling on the government to meet health unions demands for a significant pay increase.
Council will write to the Greater Manchester Police calling on them to drop the fines on health workers attending a socially-distanced and risk assessed protest against the proposed pay offer on Sunday March 7.
Alderman Devenney Moved, Seconded by Alderman Guy and the Council
Resolved that the above minutes be adopted as a true record of the Meeting.
The Deputy Mayor invited the Mayor, Alderman Warke and Councillors O’Neill, Jackson, Duffy, McKinney and Mooney to re-join the meeting at this point.
Matters Arising from the Minutes
28 Page 28
C151/21 Sport NI Project Re-Boot Funding (HC75/21)
Councillor Donnelly advised that he had spoken to a number of people involved in greyhound racing who were of the opinion that with the approval of Council, greyhound trials could recommence on 1 April 2021. He stated that they had expressed concern that the closure of the greyhound track was detrimental to the racing dogs. He asked Officers to do everything possible to enable them to take part in dog trials on 1 April 2021.
In response, the Director of Health and Community advised that she had received a recent update regarding the proposed relaxation of regulations on 1 April. She noted that in terms of classification or clarification of outdoor venues, she believed that under schedule 1, part 9, outdoor sports and exercise facilities were to remain closed under the amendments. She advised that further easements were scheduled to be made by the next review date on 15 April. She also noted that no-one could attend an event as a spectator. She advised that a meeting was scheduled for early next week to establish the re-opening order for outdoor facilities, based on departmental guidance.
Councillor Doyle stated that he had recently contacted Officers regarding the regulations. He noted that sports under a governing body had different regulations and asked for clarity on the matter as greyhound owners were registered with the Irish Greyhound Board.
In response, the Director of Health and Community advised that from the documentation supplied, there was no indication that gave any particular easement on the basis of governing bodies. She further advised that discussions with governing bodies was taking place subject to further easement after 15 April 2021. She stated that those bodies would be asked to play a role to ensure that the protocols put in place are applied by all the various member organisations and to consider how they may look at imposing sanctions on membership bodies that did not adhere to those protocols. She stated that she would follow-up on the issues raised.
C152/21 Notices of Motion
The Mayor reminded Members that proposers were permitted three minutes to speak on the motion and Members were permitted two minutes for comments.
On a point of order, Alderman Hussey noted that Council operated under standing orders effective from January 2020 and referred to Standing Order 19.13 that allowed ten minutes for a proposer and a further five minutes to the proposer for closing remarks. He queried
29 Page 29 when was this changed to three minutes.
In response, the Lead Legal Services Officer advised that the three and two-minute rule was part of Council’s remote meetings protocol which was an addendum to the Standing Orders, passed by Council and applied during any meeting carried out using a virtual forum.
C153/21 Increase in drugs in Society
Councillor Doyle Moved, Seconded by Councillor Mellon
That this Council, noting the year-on year increase of recorded drug offences in the North; the increasing numbers of drug-related arrests and upward trend of drug seizures in the City and District, expresses concern about the prevalence of drugs in our society;
Notes the public concern relating to re-offenders and justice provisions for those involved in the drug trade;
Recognises the fear of drug-related crime in our communities despite the dedicated work undertaken by the statutory health and social care and community and voluntary sector;
Acknowledges that recovery from drug dependency requires time, motivation and support;
Will invite representatives from the Department of Justice, PSNI, HURT, the Northlands Centre and the Western Trust to brief Members on their work in supporting drug users, and on enforcement.
Councillor O’Neill Proposed an Amendment, Seconded by Councillor Harkin
That this Council, noting the year-on year increase of recorded drug offences in the North; the increasing numbers of drug-related arrests and upward trend of drug seizures in the City and District, expresses concern about the prevalence of drugs in our society;
Notes the public concern relating to re-offenders and justice provisions for those involved in the drug trade;
Recognises the fear of drug-related crime in our communities despite the dedicated work undertaken
30 Page 30 by the statutory health and social care and community and voluntary sector;
Acknowledges that recovery from drug dependency requires time, motivation and support;
Will invite representatives from the Department of Justice, HURT, the Northlands Centre and the Western Trust to brief Members on their work in supporting drug users, and on enforcement.
Council notes that Portugal and other countries, in an acknowledgement in the failure of treating drug use as a criminal matter have shifted their strategy to one that treats drug misuse as a health issue rather than primarily a criminal matter, and have decriminalised the possession of drugs for personal use. Council will commission a study of Portugal’s drug strategy and will invite experts like Professor David Nutt (Former drug policy advisor to British Government) and a representative from TRANSFORM Drug Policy Foundation to present on this alternative strategy.
Members were asked to vote on the Amendment, the result of which was as follows:
For:- 4; Against:- 29; Abstentions:- 4.
The Amendment therefore Fell.
Members were asked to vote on the original motion, the result of which was as follows:
For:- 32; Against:- 4; Abstentions:- 1.
The Motion was therefore Carried and the Council
Resolved That this Council, noting the year-on year increase of recorded drug offences in the North; the increasing numbers of drug-related arrests and upward trend of drug seizures in the City and District, expresses concern about the prevalence of drugs in our society;
Notes the public concern relating to re- offenders and justice provisions for those involved in the drug trade;
31 Page 31
Recognises the fear of drug-related crime in our communities despite the dedicated work undertaken by the statutory health and social care and community and voluntary sector;
Acknowledges that recovery from drug dependency requires time, motivation and support;
Will invite representatives from the Department of Justice, PSNI, HURT, the Northlands Centre and the Western Trust to brief Members on their work in supporting drug users, and on enforcement.
C154/21 Provision Imbalance throughout the Council Area
Alderman Hussey Moved, Seconded by Alderman Kerrigan
That Derry City & Strabane District Council accept that there are issues of provision imbalance throughout our Council area and commit to addressing such internal imbalance as a matter of priority.
Council will proactively ensure that identified areas of concern regarding provision deficit throughout our Council area are addressed through Capital projects and other means resultant from our Rates Distribution at the earliest opportunity.
Councillor Fleming proposed an Amendment, Seconded by Councillor Duffy
That Derry City & Strabane District Council accept that there are issues of provision imbalance throughout our Council area and commit to addressing such internal imbalance on the basis of objective need, as a matter of priority.
Council will proactively ensure that identified areas of concern regarding provision deficit throughout our Council area are addressed through Capital projects and other means resultant from our Rates Distribution at the earliest opportunity.
Members were asked to vote on the Amendment, the result of which was unanimous and became the Substantive Motion.
32 Page 32 Councillor Harkin Proposed an Amendment to the Motion. However, the Lead Legal Services Officer advised that in accordance with Standing Order 17.1 (1) an amendment must not place a greater responsibility on the meeting than the original proposal. He further advised that the scope of work proposed within the amendment went significantly beyond what was encompassed in the original motion. Therefore, it was not acceptable as an amendment to the motion.
The Mayor thanked the Lead Legal Services Officer for his comments and advised Councillor Harkin that in accordance with Standing Order 17.1 (1) the amendment could not be accepted.
Members were then asked to vote on the Substantive Motion, the result of which was unanimous and the Council
Resolved That Derry City & Strabane District Council accept that there are issues of provision imbalance throughout our Council area and commit to addressing such internal imbalance on the basis of objective need, as a matter of priority.
Council will proactively ensure that identified areas of concern regarding provision deficit throughout our Council area are addressed through Capital projects and other means resultant from our Rates Distribution at the earliest opportunity.
C155/21 Ovarian Cancer Awareness Campaign
Councillor Donnelly Moved, Seconded by Councillor Doyle
That This Council welcomes Ovarian Cancer Awareness Month in March.
This Council notes that women who are diagnosed at an early stage with ovarian cancer have a 90 per cent survival rate for five years beyond diagnosis as opposed to women diagnosed at a later stage with the disease, where survival rates are significantly lower.
This Council recognises the importance of awareness of symptoms for early diagnosis to improve the prospect of positive outcomes for women.
This Council supports Ovacome's BEAT campaign to promote awareness of ovarian cancer.
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This Council applauds the courage of local ovarian cancer survivor Natalie Cairns and commends all those campaigning locally to raise awareness around the illness.
Members were asked to vote on the Motion, the result of which was unanimous.
The Motion was therefore Carried and the Council
Resolved That this Council welcomes Ovarian Cancer Awareness Month in March.
This Council notes that women who are diagnosed at an early stage with ovarian cancer have a 90 per cent survival rate for five years beyond diagnosis as opposed to women diagnosed at a later stage with the disease, where survival rates are significantly lower.
This Council recognises the importance of awareness of symptoms for early diagnosis to improve the prospect of positive outcomes for women.
This Council supports Ovacome's BEAT campaign to promote awareness of ovarian cancer.
This Council applauds the courage of local ovarian cancer survivor Natalie Cairns and commends all those campaigning locally to raise awareness around the illness.
C156/21 Transformation of the National Health Service
Alderman Guy Moved, Seconded by Alderman Devenney
That This Council expresses its unanimous support and thanks to the staff of the National Health Service in Northern Ireland. We thank them all for their dedication to their work and helping to save so many lives during the Covid-19 pandemic.
We call on all political parties to work together to help to achieve long term transformation in the Health Service. The National Health Service should
34 Page 34 not be used as a political football and we call on politicians from all parties to focus on providing long term, sustainable funding that will help deliver much needed reforms to help reduce long term waiting lists and relieve the huge pressures on its staff.
Members were asked to vote on the Motion, the result of which was unanimous.
The Motion was therefore carried and the Council
Resolved This Council expresses its unanimous support and thanks to the staff of the National Health Service in Northern Ireland. We thank them all for their dedication to their work and helping to save so many lives during the Covid-19 pandemic.
We call on all political parties to work together to help to achieve long term transformation in the Health Service. The National Health Service should not be used as a political football and we call on politicians from all parties to focus on providing long term, sustainable funding that will help deliver much needed reforms to help reduce long term waiting lists and relieve the huge pressures on its staff.
C157/21 Parking Issues at St Paul’s Primary and Nursery School, Slievemore
Councillor Mellon Moved, Seconded by Mayor Tierney
That For many years, St. Paul’s Primary and Nursery School have been asking for a better system for parking and drop off area for parents and teachers in and around the area of the school. Whilst they are grateful for the speed ramps put in place in 2018, it does not address the outstanding safety concerns they have.
This Council writes to both the Department for Infrastructure and Department of Education expressing our frustration and lack of progress on this road safety issue, stating that we are not prepared to wait until a tragic accident happens on the dangerous Moss Road in Derry.
We support St. Pauls Primary and Nursery School with their campaign and therefore we request that a cross departmental plan be developed in consultation with
35 Page 35 the school for a safe, practical and efficient road safety scheme.
Members were asked to vote on the Motion, the result of which was as unanimous.
The Motion was therefore Carried and the Council
Resolved For many years, St. Paul’s Primary and Nursery School have been asking for a better system for parking and drop off area for parents and teachers in and around the area of the school. Whilst they are grateful for the speed ramps put in place in 2018, it does not address the outstanding safety concerns they have.
This Council writes to both the Department for Infrastructure and Department of Education expressing our frustration and lack of progress on this road safety issue, stating that we are not prepared to wait until a tragic accident happens on the dangerous Moss Road in Derry.
We support St. Pauls Primary and Nursery School with their campaign and therefore we request that a cross departmental plan be developed in consultation with the school for a safe, practical and efficient road safety scheme.
The Mayor requested that a letter also be sent to the Northern Ireland Housing Executive.
C158/21 Increase in Violence against Women and Girls
Councillor Durkan Moved, Seconded by Councillor Mooney
That This Council acknowledges the growing prevalence of violence against women and girls (VAWG) locally and throughout the world, resulting in the loss of lives, the detrimental impact on the health and wellbeing of survivors, discrimination and the violation of human rights.
This Council notes that at present there is no specific strategy in the North dedicated to the eradication of violence against women and girls, though regional governments have such strategies in place elsewhere.
36 Page 36 This Council calls for the Executive to bring forward a strategy to eliminate violence against women and girls.
This Council declares its commitment to making our city and district a safe place for everyone and calls for the Executive and all relevant parties to work with Council in this regard. This Council acknowledges that women should feel safe in public spaces everywhere.
This Council recognizes the need for legislative change, as well as the importance of education, in addressing street harassment, establishing safer streets and delivering equality. This Council calls for the Minister of Justice and wider Executive to advance relevant legislation, including provision to make street harassment a criminal offence.
Members where then asked to vote on the Motion, the result of which was as unanimous.
The Motion was therefore Carried and the Council
Resolved This Council acknowledges the growing prevalence of violence against women and girls (VAWG) locally and throughout the world, resulting in the loss of lives, the detrimental impact on the health and wellbeing of survivors, discrimination and the violation of human rights.
This Council notes that at present there is no specific strategy in the North dedicated to the eradication of violence against women and girls, though regional governments have such strategies in place elsewhere.
This Council calls for the Executive to bring forward a strategy to eliminate violence against women and girls.
This Council declares its commitment to making our city and district a safe place for everyone and calls for the Executive and all relevant parties to work with Council in this regard. This Council acknowledges that women should feel safe in public spaces everywhere.
37 Page 37
This Council recognizes the need for legislative change, as well as the importance of education, in addressing street harassment, establishing safer streets and delivering equality. This Council calls for the Minister of Justice and wider Executive to advance relevant legislation, including provision to make street harassment a criminal offence.
C159/21 Council’s Pollinator and Green Infrastructure Action Plans
Councillor M Boyle Moved, Seconded by Councillor Duffy
That this Council fully endorses the Council’s Pollinator Plan, and proposed actions within the plan for 2021 and supports the Green Infrastructure Action Plan that seeks to improve habitats for Pollinators by implementing a Council Pollinator Plan, to help protect the native Irish black bee. And further calls on council to actively encourage its citizens to do likewise, by offering free wild flower seeds to any household that requires seeds as an incentive to create their own wildflower gardens.
Councillor O’Neill Proposed an Amendment, Seconded by Alderman Hussey
That this Council fully endorses the Council’s Pollinator Plan, and proposed actions within the plan for 2021 and supports the Green Infrastructure Action Plan that seeks to improve habitats for Pollinators by implementing a Council Pollinator Plan, to help protect the native Irish black bee. And further calls on council to actively encourage its citizens to do likewise, by offering free wild flower seeds to any household that requires seeds as an incentive to create their own wildflower gardens.
Further calls Council to identify a few sites for mixed hedge row planting with a ground layer of wildflowers and engage with other statutory bodies around the management of these sites.
Members were asked to vote on the Amendment, the result of which was unanimous. The Amendment subsequently became the Substantive Motion. Members were then asked to vote on the Substantive Motion, the result of which was unanimous.
38 Page 38
The Substantive Motion was therefore Carried and the Council
Resolved This Council fully endorses the Council’s Pollinator Plan, and proposed actions within the plan for 2021 and supports the Green Infrastructure Action Plan that seeks to improve habitats for Pollinators by implementing a Council Pollinator Plan, to help protect the native Irish black bee.
And further calls on council to actively encourage its citizens to do likewise, by offering free wild flower seeds to any household that requires seeds as an incentive to create their own wildflower gardens.
Further calls Council to identify a few sites for mixed hedge row planting with a ground layer of wildflowers and engage with other statutory bodies around the management of these sites. C160/21 Regeneration of Newtownstewart Town Centre
Councillor McGuire Moved, Seconded by Councillor M Boyle
That This Council recognises the importance of its rural villages and towns and welcomes the recent establishment of a rural working group in addressing rural issues within our Strategic Growth Plan.
As part of this, Council recognises the specific needs of Newtownstewart town centre and the need for regeneration work to be carried out. With this in mind Council will look at the feasibility of a master plan for the town centre, with a particular focus on a car park facility within the town, as this will help local traders with their recovery coming out of Covid restrictions.
Councillor Edwards Proposed an Amendment, Seconded by Councillor J Barr
That This Council recognises the importance of its rural villages and towns and welcomes the recent establishment of a rural working group in addressing rural issues within our Strategic Growth Plan.
As part of this, Council recognises the specific needs of Newtownstewart town centre and the need for regeneration work to be carried out. With this in mind
39 Page 39 Council will look at the feasibility of a master plan for the town centre, with a particular focus on a car park facility within the town, as this will help local traders with their recovery coming out of Covid restrictions.
That Council also recognises the need to increase outdoor green space in Newtownstewart and commits to developing draft options for a Greenways Plan for the town.
That Council further recognises the need to develop the tourism potential of Newtownstewart and commits to bringing a report to the relevant Council Committee providing an update on tourism initiatives to date, including the potential for further investment in Tourism initiatives with all relevant stakeholders. Members were asked to vote on the Amendment, the result of which was unanimous.
The Amendment was therefore Carried and became the Substantive Motion.
Members were asked to vote on the Substantive Motion, the result of which was unanimous.
The Substantive Motion was therefore Carried and the Council
Resolved This Council recognises the importance of its rural villages and towns and welcomes the recent establishment of a rural working group in addressing rural issues within our Strategic Growth Plan.
As part of this, Council recognises the specific needs of Newtownstewart town centre and the need for regeneration work to be carried out. With this in mind Council will look at the feasibility of a master plan for the town centre, with a particular focus on a car park facility within the town, as this will help local traders with their recovery coming out of Covid restrictions.
That Council also recognises the need to increase outdoor green space in Newtownstewart and commits to developing draft options for a Greenways Plan for the town.
40 Page 40 That Council further recognises the need to develop the tourism potential of Newtownstewart and commits to bringing a report to the relevant Council Committee providing an update on tourism initiatives to date, including the potential for further investment in Tourism initiatives with all relevant stakeholders. The Mayor requested a short recess at this point of the meeting. Alderman Bresland left the meeting at this point. C161/21 Lack of Mobile Phone Coverage in Rural Areas
Councillor Edwards Moved, Seconded by Councillor J Barr
That This Council notes the poor or non-existent mobile phone coverage in many rural areas within the District and in parts of our towns.
This Council recognises the importance of improving 4G mobile phone coverage to help avoid isolation, for personal safety, for contacting emergency services and for working from home.
This Council therefore writes to O2, BT, 3, Vodafone and EE requesting information on how they plan to upgrade 4G mobile phone coverage throughout the rural areas and towns within the District.
That Council also writes to the Minister for the Economy, the UK Government’s Secretary of State for Digital, Culture, Media and Sport and Ofcom to receive an update on their work in advancing improvements to the 4G mobile phone network within the Council District in areas where there is currently no or limited signal.
Councillor McKinney Proposed an Amendment, Seconded by Councillor Ferguson
That This Council notes the poor or non-existent mobile phone coverage in many rural areas within the District and in parts of our towns.
This Council recognises the importance of improving 4G mobile phone coverage to help avoid isolation, for personal safety, for contacting emergency services and for working from home.
41 Page 41
This Council therefore writes to O2, BT, 3, Vodafone and EE requesting information on how they plan to upgrade 4G mobile phone coverage throughout the rural areas and towns within the District.
That this Council invites Mobile UK to present to the relevant Committee around current coverage, future coverage and 5G.
That Council also writes to the Minister for the Economy, the UK Government’s Secretary of State for Digital, Culture, Media and Sport and Ofcom to receive an update on their work in advancing improvements to the 4G mobile phone network within the Council District in areas where there is currently no or limited signal.
Members were asked to vote on the Amendment, the result of which was unanimous.
The Amendment was therefore Carried and became the Substantive Motion.
Members were asked to vote on the Substantive Motion, the result of which was unanimous.
The Substantive Motion was therefore Carried and the Council
Resolved This Council notes the poor or non-existent mobile phone coverage in many rural areas within the District and in parts of our towns.
This Council recognises the importance of improving 4G mobile phone coverage to help avoid isolation, for personal safety, for contacting emergency services and for working from home.
This Council therefore writes to O2, BT, 3, Vodafone and EE requesting information on how they plan to upgrade 4G mobile phone coverage throughout the rural areas and towns within the District.
That this Council invites Mobile UK to present to the relevant Committee around current coverage, future coverage and 5G.
42 Page 42
That Council also writes to the Minister for the Economy, the UK Government’s Secretary of State for Digital, Culture, Media and Sport and Ofcom to receive an update on their work in advancing improvements to the 4G mobile phone network within the Council District in areas where there is currently no or limited signal.
C162/21 Call to improve the Rural Road Network
Alderman McCready Moved, Seconded by Alderman Warke
That This Council recognises the poor state and underinvestment of our road network within this Council area. In particular, the rural road network which is in a diabolical and in an unacceptable state.
This Council writes to the Department for Infrastructure to ask Minister Mallon why she did not seek additional funding from the Finance Minister in order to improve our roads. Our rate payers and road users deserve safer and better roads.
Councillor Reilly Proposed an Amendment, Seconded by Councillor J Boyle
That This Council recognises the poor state and underinvestment of our road network within this Council area. In particular, the rural road network which is in a diabolical and in an unacceptable state.
This Council writes to the Department for Infrastructure Minister Mallon and the Finance Minister in order to improve our roads. Our rate payers and road users deserve safer and better roads.
Members were asked to vote on the Amendment, the result of which was as follows:
For:- 11; Against:- 25; Abstentions:- 2.
The Amendment therefore Fell.
Alderman Hussey Proposed a further Amendment, Seconded by Councillor Doyle
43 Page 43 That This Council recognises the poor state and underinvestment of our road network within this Council area. In particular, the rural road network which is in a diabolical and in an unacceptable state.
This Council writes to the Department for Infrastructure to ask Minister Mallon why she did not seek additional funding from the Finance Minister in order to improve our roads. Our rate payers and road users deserve safer and better roads.
Council also include writing to the DfI Minister highlighting our deep concern at an unacceptable situation of staff reductions and demanding a restoration of staff levels and finance appropriate to the workload impacting on our local Western Division Road Service personnel, both Administrative and Industrial.
Members were asked to vote on the Amendment, the result of which was unanimous.
The Amendment was therefore Carried and became the Substantive Motion.
After a request for a recorded vote by Alderman McCready, Members were asked to vote on the Substantive Motion, the result of which was as follows:
For: Aldermen Devenney, Guy, Hussey, Kerrigan McClintock, McCready, Ramsey and Warke; Councillors R Barr, M Boyle, Burke, Carr, Cooper, Donnelly, Doyle, Duffy, Ferguson, Fleming, Gallagher, Harkin, Jackson, Kelly, Logue, McGuire, McHugh, McKinney, Mellon and O’Neill (28).
Against: Councillors J Barr, J Boyle, Cusack, Dobbins, Durkan, Farrell, McKeever, Reilly and Tierney (9).
Abstentions; (0).
The Substantive Motion was therefore Carried and the Council
Resolved This Council recognises the poor state and underinvestment of our road network within this Council area. In particular, the rural road network which is in a diabolical and in an unacceptable state.
This Council writes to the Department for Infrastructure to ask Minister Mallon why she
44 Page 44 did not seek additional funding from the Finance Minister in order to improve our roads. Our rate payers and road users deserve safer and better roads.
Council also include writing to the DfI Minister highlighting our deep concern at an unacceptable situation of staff reductions and demanding a restoration of staff levels and finance appropriate to the workload impacting on our local Western Division Road Service personnel, both Administrative and Industrial.
C163/21 North West Economic Policy Framework
Councillor Cooper Moved, Seconded by Councillor Doyle
That This Council calls on the Department for Economy to develop a dedicated North West Economic Policy Framework to address regional economic imbalance and inequality in the DCSDC area.
This review would include the development and resourcing of a dedicated sub-regional North West Economic development strategy by the DfE which is tailored to meet the needs of the NW economy.
The new framework would also initiate a radical reform of Invest NI policy and practice including the setting and monitoring of dedicated targets for job creation, SME growth, Foreign Direct Investment, green economy incentivisation and social economy expansion in the DCSDC area.
Councillor Farrell Proposed an Amendment, Seconded by Councillor Cooper
That This Council calls on the Department for Economy to develop a dedicated North West Economic Policy Framework to address regional economic imbalance and inequality in the DCSDC area.
This review would include the development and resourcing of a dedicated sub-regional North West Economic development strategy by the DfE which is tailored to meet the needs of the NW economy.
The new framework would also initiate a radical reform of Invest NI policy and practice including the setting and monitoring of dedicated targets for job
45 Page 45 creation, SME growth, Foreign Direct Investment, green economy incentivisation and social economy expansion in the DCSDC area.
Calls on the Executive to include said NW Economic Policy Framework in Programme for Government.
Members were asked to vote on the Amendment, the result of which was unanimous.
The Amendment was therefore Carried
Councillor Gallagher Proposed a further Amendment, Seconded by Councillor Cooper
That This Council calls on the Department for Economy to develop a dedicated North West Economic Policy Framework to address regional economic imbalance and inequality in the DCSDC area.
This review would include the development and resourcing of a dedicated sub-regional North West Economic development strategy by the DfE which is tailored to meet the needs of the NW economy.
The new framework would also initiate a radical reform of Invest NI policy and practice including the setting and monitoring of dedicated targets for job creation, SME growth, Foreign Direct Investment, green economy incentivisation and social economy expansion in the DCSDC area.
Calls on the Executive to include said NW Economic Policy Framework in Programme for Government.
That these policies mentioned above are enacted into law and reviewed annually on agreed targets and progress.
Members were asked to vote on the Amendment, the result of which was unanimous.
The Amendment was therefore Carried and became the Substantive Motion.
Members were asked to vote on the Substantive Motion, the result of which was unanimous.
The Substantive Motion was therefore Carried and the Council
46 Page 46 Resolved This Council calls on the Department for Economy to develop a dedicated North West Economic Policy Framework to address regional economic imbalance and inequality in the DCSDC area.
This review would include the development and resourcing of a dedicated sub-regional North West Economic development strategy by the DfE which is tailored to meet the needs of the NW economy.
The new framework would also initiate a radical reform of Invest NI policy and practice including the setting and monitoring of dedicated targets for job creation, SME growth, Foreign Direct Investment, green economy incentivisation and social economy expansion in the DCSDC area.
Calls on the Executive to include said NW Economic Policy Framework in Programme for Government.
That these policies mentioned above are enacted into law and reviewed annually on agreed targets and progress.
C164/21 Pay Increase for Local Government Employees
Councillor Harkin Moved, Seconded by Councillor Durkan
That Council notes:
Over the last year, Councils have led the way in efforts against the Covid-19 pandemic, providing a huge range of services and support for our communities. Local government has shown more than ever how indispensable it is. But the pandemic has led to a massive increase in expenditure and loss of income, and the Government has failed to provide the full amount of promised support. Local government workers have kept our communities safe through the pandemic, often putting themselves at considerable risk as they work to protect public health and ensure our children continue to be educated.
Since 2010, the local government workforce has endured years of pay restraint with the majority of pay points losing at least 23 per cent of their value
47 Page 47 since 2009/10. At the same time, workers have experienced ever-increasing workloads and persistent job insecurity. Local government has arguably been hit by more severe job losses than any other part of the public sector. The funding gap caused by Covid-19 will make local government employment even more precarious. There has been a disproportionate impact on women, with women making up more than three- quarters of the local government workforce. Recent research shows that if the Government were to fully fund the unions’ 2021 pay claim, around half of the money would be recouped thanks to increased tax revenue, reduced expenditure on benefits, and increased consumer spending in the local economy.
Council believes:
Our workers are public service super-heroes. They keep our communities clean and safe, look after those in need and keep our towns and cities running. Without the professionalism and dedication of our staff, the council services our residents rely on would not be deliverable. Local government workers deserve a proper real-terms pay increase. The Government needs to take responsibility and fully fund this increase; it should not put the burden on local authorities whose funding been cut to the bone and who have not been offered adequate support through the Covid-19 pandemic.
Council resolves to:
Support the pay claim submitted by UNISON, GMB and Unite with NIPSA support on behalf of council and school workers, for a substantial increase with a minimum 10 per cent uplift in April 2021. Call on the Local Government Association to make urgent representations to central government to fund the NJC pay claim. Write to the Chancellor and Secretary of State to call for a pay increase for local government workers to be funded with new money from central government. Meet with local NJC Union representatives to convey support for the pay claim and consider practical ways in which the council can support the campaign. Encourage all local government workers to join a union.
48 Page 48 Members were asked to vote on the Motion, the result of which was as follows:
For:- 31; Against:- 0; Abstentions:- 5.
The Motion was therefore Carried and the Council
Resolved Council notes:
Over the last year, Councils have led the way in efforts against the Covid-19 pandemic, providing a huge range of services and support for our communities. Local government has shown more than ever how indispensable it is. But the pandemic has led to a massive increase in expenditure and loss of income, and the Government has failed to provide the full amount of promised support. Local government workers have kept our communities safe through the pandemic, often putting themselves at considerable risk as they work to protect public health and ensure our children continue to be educated.
Since 2010, the local government workforce has endured years of pay restraint with the majority of pay points losing at least 23 per cent of their value since 2009/10. At the same time, workers have experienced ever-increasing workloads and persistent job insecurity. Local government has arguably been hit by more severe job losses than any other part of the public sector. The funding gap caused by Covid-19 will make local government employment even more precarious. There has been a disproportionate impact on women, with women making up more than three-quarters of the local government workforce. Recent research shows that if the Government were to fully fund the unions’ 2021 pay claim, around half of the money would be recouped thanks to increased tax revenue, reduced expenditure on benefits, and increased consumer spending in the local economy.
Council believes:
Our workers are public service super-heroes. They keep our communities clean and safe, look
49 Page 49 after those in need and keep our towns and cities running. Without the professionalism and dedication of our staff, the council services our residents rely on would not be deliverable. Local government workers deserve a proper real-terms pay increase. The Government needs to take responsibility and fully fund this increase; it should not put the burden on local authorities whose funding been cut to the bone and who have not been offered adequate support through the Covid-19 pandemic.
Council resolves to:
Support the pay claim submitted by UNISON, GMB and Unite with NIPSA support on behalf of council and school workers, for a substantial increase with a minimum 10 per cent uplift in April 2021. Call on the Local Government Association to make urgent representations to central government to fund the NJC pay claim. Write to the Chancellor and Secretary of State to call for a pay increase for local government workers to be funded with new money from central government. Meet with local NJC Union representatives to convey support for the pay claim and consider practical ways in which the council can support the campaign. Encourage all local government workers to join a union.
Open for Information
C165/21 Responses to Motions
The Chief Executive presented the above report, a copy of which had been previously circulated to Members. The purpose of the report was to advise Members of correspondence received in relation to Motions passed by Council.
Councillor Farrell referred to responses received from the Minister for Health and the Public Health Agency regarding the motion on addiction services and the detox centre.
He stated that Council had written to several bodies on the matter and proposed that the responses be collated and tabled for discussion at the mental health working group who would subsequently make a proposal on the matter at a meeting of the Health and Community Committee.
50 Page 50 Councillor Farrell Proposed, Seconded by Alderman Guy
That the responses in relation to an addiction and detox centre be collated and tabled for discussion at the mental health working group who would subsequently make a proposal on the matter at a meeting of the Health and Community Committee. Councillor Doyle stated that the Minister of Health had responded to correspondence regarding the New Decade New Approach document that he had sent to him. He noted that the commitment within that document for providing a detox centre was not guaranteed because of funding promised as part of that agreement not being adequate to cover all of the commitments within the document. He noted that a joint board has been set up with the Secretary of State and First and Deputy First Ministers to discuss how those commitments would be prioritised. He advised that he, Tamsin White and Karen Mullan MLA met with senior management of the WHSCT earlier today regarding a detox centre and Members would be invited to a subsequent meeting regarding progress where Miss White would provide an update on the matter. Councillor Farrell Proposed, Seconded by Alderman Guy
That the responses in relation to an addiction and detox centre be collated and tabled for discussion at the mental health working group who would subsequently make a proposal on the matter at a meeting of the Health and Community Committee.
Members were asked to vote on the Proposal, the result of which was unanimous and the Council Resolved That the responses in relation to an addiction and detox centre be collated and tabled for discussion at the mental health working group who would subsequently make a proposal on the matter at a meeting of the Health and Community Committee.
Councillor Harkin referred to the response from E&I. He stated that it was important that Council respond to this letter.
Councillor Harkin Proposed, Seconded by Councillor Doyle That Council will write the E&I Managing Director explaining that it is the corporate position of the Council to encourage workers to join a trade union and that it is the corporate position of the Council to support workers at E&I seeking trade union recognition.
51 Page 51 Council will write to the E&I Managing Director encouraging him to meet with UNITE to discuss the collective grievance submitted by UNITE on behalf of its members working at E&I.
Council notes an 'Employee Elected Forum' is not an independent trade union body. E&I workers are seeking union representation with UNITE in order to have a collective voice that can enhance their at work rights.
Discussion ensued on the matter and Alderman Hussey queried the corporate position of Council to encourage workers to join a trade union and asked for clarification on the matter.
In response, the Lead Democratic Services and Improvement Officer advised that she would furnish Alderman Hussey with the required information. Members were asked to vote on the proposal, the result of which was as follows: For:- 18; Against:- 13; Abstentions:- 2. The Proposal was therefore Carried and the Council Resolved That Council will write the E&I Managing Director explaining that it is the corporate position of the Council to encourage workers to join a trade union and that it is the corporate position of the Council to support workers at E&I seeking trade union recognition.
Council will write to the E&I Managing Director encouraging him to meet with UNITE to discuss the collective grievance submitted by UNITE on behalf of its members working at E&I.
Council notes an 'Employee Elected Forum' is not an independent trade union body. E&I workers are seeking union representation with UNITE in order to have a collective voice that can enhance their at work rights.
Alderman Hussey referred to the response from the Minister for the Economy regarding the Covid-19 Support to Students. He noted that the reply did not answer the issue referred to within the motion regarding students from Northern Ireland who were currently studying in the UK or elsewhere. C166/21 Resolutions from other Councils
52 Page 52
The Chief Executive presented the above report, a copy of which had been previously circulated to Members. The purpose of the report was to advise Members of correspondence received in relation to resolutions passed by other Councils.
C167/21 Sealing List March 2021 Alderman Devenney Moved, Councillor Doyle Seconded and the Council
Resolved that the seal of the Council be affixed to the following documents Sealing List March 2021
Documents Sealed 18 February 2021
Contract in duplicate:- Donegal County Council ~and~ Derry City and Strabane District Council relating to the formation of a European Economic Interest Grouping (EEIG) ERNACT EEIG (European Regions Network for the Application of Communication Technology).
Documents Sealed 19 February 2021
Licence in duplicate:- Father Roland Colhoun ~and~ Derry City and Strabane District Council relating to Air Monitoring Station at Grounds of St Eugene’s Hall.
Documents Sealed 2 March 2021
Permissive Path and Works Licence:- The Abercorn Estate Partnership ~and~ Derry City and Strabane District Council relating to International Appalachian Trial.
Documents Sealed 11 March 2021
Form of Deed:- Derry City and Strabane District Council ~and~ Taylor & Boyd relating to Small Village Renewal Projects.
C168/21 Local Government Act (Northern Ireland) 2014 – Confidential Business
Councillor Duffy Moved, Councillor Doyle Seconded and the Council
53 Page 53
Resolved that in accordance with Section 42, Sub Sections (2) or (4) of the Local Government Act (Northern Ireland) 2014, the press and members of the public be asked to withdraw whilst the Council discuss the following matters:
(a) Adoption of the Confidential Minutes of the Meeting of Derry City and Strabane District Council held on 25 February 2021; (b) Adoption of the Confidential Minutes of the Special Meeting of Derry City and Strabane District Council held on 22 February 2021; (c) Adoption of the Confidential Minutes of the Special Meeting of Derry City and Strabane District Council held on 26 February 2021; (d) Adoption of the Confidential Minutes of the following Committees (i) Monthly Governance and Strategic Planning Committee held on 2 March 2021 (ii) Planning Committee held on Wednesday 3 March 2021 (iii) Monthly Business and Culture Committee held on Tuesday 9 March 2021 (iv) Monthly Environment and Regeneration Committee held on Wednesday 10 March 2021 (v) Monthly Health and community Committee held on Thursday 11 March 2021.
The Meeting then went into Confidential Business.
54 Page 54 Agenda Item 8a
Derry City and Strabane District Council
Open Minutes of the Special Planning Committee Meeting held remotely on Wednesday 24 March 2021 at 2.00pm. ______
Present: - Councillor Jackson (Chairperson), Aldermen Bresland, Kerrigan, McClintock; Councillors J Barr, J Boyle, Dobbins, Gallagher, Harkin, Kelly, McGuire, McKinney, Mellon and Mooney. Non-Committee Member: Alderman Hussey. In Attendance: - Head of Planning Performance and Improvement (Mr E Molloy), Lead Legal Services Officer (Mr P Kingston), Principal Planning Officers (Mrs S McCracken, Mrs A McNee, Mr P McCaughey), Senior Planning Officers (Ms L Coyle, Ms R McMenamin, Mr M McCarron), Business Services Officer (Mrs L McKean), Committee Services Assistant (Mrs J Short). ______
SP01/21 Notice and Summons for Meeting
The Head of Planning Performance and Improvement read the Notice and Summons for the meeting.
SP02/21 Member Attendance and Apologies
The Head of Planning Performance and Improvement took the roll call and full attendance was noted.
SP03/21 Statement for Remote Meetings
The Chair read the Statement for Remote Meetings.
SP04/21 Declarations of Members’ Interests
Alderman Hussey declared a pecuniary interest in Planning Application LA11/2021/0070/A.
Open for Decision
SP05/21 Chairperson’s Business
There was no Chairperson’s Business.
1 Page 55
SP06/21 Planning Applications List with Recommendation for Decision
LA11/2018/1199/F – The proposals include the widening of existing path infrastructure at Bay Park, along Culmore Road, Culmore Point and Ardan Road to provide the 3m wide (width may vary) Greenway and the construction of a 3m wide (width may vary as shown on the drawings) shared pedestrian and cyclist Greenway Path along Coney Road, as far as Culmore Country Park to end of scheme; the greenway is a mix of shared use (carriageway/greenway) and new greenway path construction as shown on the drawings. Proposals also include amendments to existing road kerb alignments, new road markings and signage, drainage and soft landscaping, new path lighting, adjustments to existing road lighting and boundary treatments as shown on drawings.
The greenway commences on Bay Road (north of Bay Road Business Park) and continues along the eastern boundary of Bay Park crosses under Madams Bank Road onto Culmore Road (through Boom Hill) continuing along Culmore Road from No. 47 to No. 128 before branching off onto Springfield Road for approximately 180m then turning right to run along the boundary of Thornhill College (approx. 54m west of Nos. 130 to 136 Culmore Road) and back onto Culmore Road north of No. 136. The route continues along Culmore Road into Culmore Village and turns onto Culmore Point Road. It branches onto Ardan Road terminating at Hollybush Primary School and continues along Coney Road to border crossing at Cannings Lane.
The Senior Planning Officer (SPO) presented the above application, details of which were previously circulated to Members. An overview of the background to the application was presented and based on material consideration in line with planning policy, it was recommended to approve planning permission, subject to conditions as outlined within the report.
Members accepted speaking rights from the following representatives, after which they sought points of clarification in relation to the application:
2 Page 56
Mr T Bell, Planning Agent/Objector Mr R Agus, Transport Engineer/Objector Mr R Gallagher, Objector Ms B Nangle, Objector
The objectors expressed appreciation to the Members for accepting their request to speak at the meeting today. They commended Derry City and Strabane District Council (applicant) for investing in the provision of green infrastructure and stated that whilst the scheme was welcomed, they however required their concerns as outlined within the report to be considered by Members. They requested that the application be deferred until such road safety issues were reviewed.
The Chair invited Members to comment or to seek points of clarification from the speakers if they so wished.
Councillor Dobbins welcomed the representatives to the Meeting. She stated that whilst she welcomed the application, she however agreed with concerns raised by the objector in relation to the road safety issues associated with the proposal and welcomed alternative solutions to be considered before any recommendation was agreed.
Councillor J Boyle and Mellon joined the meeting at this stage.
Mr O’Sullivan (Agent) thanked the Members for giving him the opportunity to speak at the Meeting today. He referred to the issues of concern expressed by the Objectors, that had been addressed by the applicant within the report presented by the SPO. He however reaffirmed the following points:
Provided assurances that full liaison with DfI (Roads) had taken place throughout the design solution process to address safety issues. Culmore Road route to provide a safe alternative for cyclists Confirmed that cyclist signage to be erected along the route to address safety issues. Provided assurances that the applicant would continue to work with DfI (Roads) to ensure that sufficient road markings be provided to increase and improve safety along the section of roadway.
3 Page 57 Confirmed that DfI (Roads) willing to sanction a reduction on the carriageway for the greenway provision.
The Chair invited Members to comment or seek points of clarification from the Agent.
Councillor McKinney referred to the concern by objectors in relation to the narrowing of the roadway opposite the entrance to Brook Hall Estate. He stated that he was not convinced that cyclists would follow along the Springfield Road and would instead continue along the Culmore Road to the detriment of their safety. Alderman McClintock concurred with the previous speaker’s comments.
Councillor Dobbins continued to reiterate the road safety concerns for pedestrians and cyclists along the proposed route and in particular the route that housed a Primary School and a Country Park.
Discussion ensued after which Councillor Dobbins proposed that the application be deferred to allow for a site visit, in line with the current Covid-19 restrictions. Councillor McKinney seconded the proposal.
The Chair in response to a query from Councillor Mellon, clarified that as indicated previously by Mr O’Sullivan, that if Members were minded to defer the application to allow for a site visit that the delay in the process would not jeopardise the funding allocation by external bodies.
Councillor Mooney queried how soon a site visit could be arranged. The Chair advised that similarly to other site visit requests, a risk assessment would be carried out and confirmation sought in terms of the number of Members who wished to attend the site visit. He said that given the current restrictions due to the pandemic, he would not expect Officers to provide a time frame as to when the site visit would take place, however he presumed it would be as soon as reasonably possible.
It was noted that Councillor J Boyle, Mellon and McGuire had joined the meeting late due to other Council business and in line with Planning protocol, they were not permitted to vote on the proposal.
The outcome of the vote was unanimous in support of the proposal with the abstention of Councillor’s J Boyle, Mellon and McGuire. The proposal was carried.
4 Page 58 The Committee
Resolved that planning application LA11/2018/1199/F be deferred to allow for a site visit, after which the application would be presented for further consideration by Committee.
LA11/2018/0186/O – Proposed multi-sport indoor/outdoor facility (circa 45,000 sq ft) incorporating wellbeing centre, community/youth facilities, full size indoor 6G pitch, fitness suite, sports hall, conferencing, office accommodation, exhibition and events space (Additional Transport assessment details and access arrangements received). Lands due north of Holy Cross College and due south of Ardnalee Park, Strabane.
The Senior Planning Officer presented the above application, details of which were previously circulated to Members. He provided an update on the background to the application and based on material consideration in line with planning policy, recommended a refusal for reasons as outlined within the report.
Members received speaking rights from the following representatives who outlined reasons to support approval of the application:
Mr D McCrossan, MLA Councillor M Boyle Councillor R Barr Ms J Muldoon, Agent
The following points were noted by Members:
Desperate need for this development to be approved to support the delivery of a state-of-the-art facility for the people. Strabane Athletics had spent a considerable amount of funding towards the proposal which was hugely significant. The development provided major employment opportunities and economic benefits to the area. The project was of strategic significance and would benefit those involved in sport from both the North and South of Ireland Every avenue should be explored to assist the application to move forward. The proposal was of community benefit.
5 Page 59 Significant health and well-being benefits associated with approval of the application. Strabane Athletics Club – 10 years in existence and continues to progress and the commitment and dedication should be rewarded by approval of the application. No alternative lands suitable for the development A landlock site – recreational usage only. Request to overturn the Planning Officer recommendation and for approval to be granted.
The Chair invited Members to comment or seek points of clarification from the speakers and the Planning Officer if they so wished. He also advised that Ms McWilliams, DfI (Roads) was also in attendance to clarify any issues that Members may have in relation to the application.
Councillor Gallagher referred to the location of the proposal and commented that it was evident that the transport route had already been compromised with other access routes and he therefore found it difficult to accept the refusal reasons as outlined within the report. He further referred to the landlock issue associated with the proposal and stated that this should have been considered as a determining factor in the recommendation process.
The Senior Planning Officer clarified that as outlined within the report all representation on the application had been considered in line with planning policy. He advised that his professional view was that alternative access points to the land had not been fully explored by the applicant. He further advised that whilst he appreciated that the landlock issue carried weight in the consideration process it was not however the only determining factor in that regard.
Ms McWilliams advised that in terms of DfI consultation response as outlined within the report, the Regional Development Strategy 2035, Regional Transport Strategy, Regional Transport Network Transport Pan and PPS3 all post-dated the Strabane Area Plan and supported the regional transport corridors. She reiterated however that the Strabane By-Pass was listed in the Regional Transport Network Transport Plan as a strategic scheme and all key transport corridors had to be protected.
6 Page 60 Ms McWilliams further advised that the proposal was categorised as a major outline planning application and as such the access had to be designed at this early stage to show that the applicant/agent would provide a safe design to suit the desired criteria and to also include a road safety audit, because the proposal was located within a key transport corridor. She further referred to the recent announcement that the commitment to the A5 continued to be maintained and for the completion of phase 2A and it was anticipated the programme of works would be completed in 2028, and this was the evidence that DfI used to assess this application together with relevant strategy policies and material consideration.
The PPO advised that the proposal was an outline application and it was the view consideration of the Transport Assessment could not be left to reserved matters stage. She clarified that the agent was made aware that the information provided was unacceptable, however the applicant had requested the application to be presented to Committee. She stated that various issues had still to be addressed within the Transport Assessment in-order to determine if the proposal was acceptable.
Discussion ensued after which Councillor Gallagher stated that it was acknowledged that the access to protected routes had been compromised previously and there were significant developments in the provision of residential sites within the area.
Councillor Kelly concurred with the previous speaker’s comments and added that in his opinion the proposal was of regional significance.
Councillor Gallagher proposed, seconded by Councillor Kelly to overturn the Planning Officer’s recommendation to refuse planning permission and for approval to be granted subject to conditions.
The outcome of the vote was unanimous support of the proposal.
The Committee
Resolved to overturn the recommendation to refuse planning application LA11/2018/0186/O and for approval to be granted subject to standard conditions.
7 Page 61 LA11/2020/0689/F – Section 54 applications to develop land without complying with condition 2 (seeking amendment of condition) of planning permission A/2011/0197/F at land immediately adjacent to 1 Ballynagard Crescent, Culmore.
The Principal Planning Officer presented the above application, details of which were previously circulated to Members. She provided an overview of the background to the application and based on material consideration in line with planning policy recommended an approval subject to the conditions as outlined within the report.
Councillor Mellon proposed, seconded by Councillor Kelly to support the recommendation to approve the above application.
The outcome of the vote was unanimous support of the proposal.
The Committee
Resolved to accept the recommendation to approve application LA11/2020/0689/F.
LA11/2020/0690/F – Section 54 application to develop land without complying with condition 2 (seeking amendment of occupancy condition) of planning permission LA11/2019/0128/F at lands adjacent to and west of 1 Ballynagard Crescent, Culmore.
The Principal Planning Officer presented the above application, details of which were previously circulated to Members. She provided an overview of the background to the application and based on material consideration in line with planning policy, recommended an approval subject to the conditions as outlined within the report. Councillor Mellon proposed, seconded by Councillor J Boyle to support the recommendation to approve the above application.
The outcome of the vote was unanimous support of the proposal.
The Committee
Resolved to support the recommendation to approve application LA11/2020/0690/F.
8 Page 62 LA11/2020/0688/F – Section 54 application to develop land without complying with condition 11 (seeking amendment of condition) of planning permission A/2011/0197/F at lands immediately adjacent to 1 Ballynagard Crescent, Culmore.
The Principal Planning Officer presented the above application, details of which were previously circulated to Members. She provided an overview of the background to the application and based on material consideration in line with planning policy, recommended an approval subject to the conditions as outlined within the report.
Councillor J Boyle proposed, seconded by Councillor Mellon to support the recommendation to approve the above application.
The outcome of the vote was unanimous support of the proposal.
The Committee
Resolved to support the recommendation to approve application LA11/2020/0688/F.
LA11/2020/0691/F – Section 54 application to develop land without complying with condition 11 (seeking amendment of condition) of planning permission LA11/2019/0128/F at lands adjacent to and west of 1 Ballynagard Crescent, Culmore.
The Principal Planning Officer presented the above application, details of which were previously circulated to Members. She provided an overview of the background to the application and based on material consideration in line with planning policy, recommended an approval subject to the conditions as outlined within the report.
Councillor J Boyle proposed, seconded by Councillor Mellon to support the recommendation to approve the above application.
The outcome of the vote was unanimous support of the proposal.
The Committee
Resolved to support the recommendation to approve application LA11/2020/0691/F.
9 Page 63 LA11/2021/0070/A – Retractable Awning with bar name advertised as part of awning. The Castle Inn, 48 Main Street, Castlederg.
The Senior Planning Officer presented the above application, details of which were previously circulated to Members. She provided an update on the background to the application and based on material consideration in line with planning policy, recommended an approval subject to conditions as outlined within the report.
Alderman Hussey (Non-Committee Member) declared a pecuniary interest as he was the applicant and he left the meeting.
Alderman McClintock proposed, seconded by Alderman Bresland to accept the recommendation to approve the above application.
The Committee
Resolved to support the recommendation to approve planning application LA11/2021/0070/A, subject to conditions as outlined within the report.
SP07/21 Consultation on Donegal County Development Plan Variation re. Ten-T Roads Improvement
The Principal Planning Officer presented the above report, details of which were previously circulated to Members. The purpose of the report was to advise Members of a formal consultation that had been received from Donegal County Council regarding the Proposed Variation No. 1 to the County Donegal Development Plan 2018-2024. The proposed Variation is accompanied by an Environmental Report, Natura Impact Report and a Strategic Flood Risk Assessment Report.
Councillor McGuire referred to the Ballybofey/Stranorlar bypass and the proposed closure of the Daisy Hill Road which was opposed by citizens from both sides of the border. He requested that reference be made within the consultation document to protect the Daisy Hill Road from closure.
10 Page 64 The PPO advised that as this was a new proposal and focused on the North Western side of the settlement and would probably have no relevance to the Daisy Hill Road; however, he agreed to investigate further and if appropriate this request would be included in the consultation response.
Councillor Harkin welcomed the consultation response. He referred to the potential for the development of rail networks throughout the region and requested that a statement be included to that effect.
The PPO in response to Councillor Harkin clarified that it was highlighted that the Council had within the LDP proposed a feasibility study for the potential development of rail links in going forward.
Councillor Kelly welcomed the draft response. He however referred to the section of the response in relation to the North West region and infrastructure and he felt it was important to acknowledge the proposals to address the infrastructure deficits that existed. He also referred to the statement in relation to future feasibility study for railways and he suggested that it be amended to read potential feasibility study because of no funding commitment at this stage.
The PPO agreed to note Member comments accordingly.
Councillor Mellon proposed, seconded by Councillor Kelly to agree the draft consultation response together with proposed changes as noted previously by the PPO.
The Committee
Recommended that Members note the contents of the above report and agree for Officers to issue the attached letter to the Department for Infrastructure (NI) for their consideration and onward submission to Donegal County Council, before close of consultation on 9 April 2021.
11 Page 65 The meeting ended at 5.40pm.
Signed: ______Chair
Date: ______
12 Page 66 Agenda Item 8b
Derry City and Strabane District Council
Open Minutes of a Special Meeting of the Environment and Regeneration Committee held remotely on Monday 29 March 2021 at 4.00pm
______
Present: - Alderman Devenney (In the Chair), Aldermen McCready and Ramsey; Councillors J Boyle, Carr, Durkan, Edwards, Jackson, McHugh and O’Neill.
In Attendance: - Director of Environment and Regeneration (Mrs K Phillips), Assistant Media Officer (Mr J Craig) and Committee Services Assistant (Miss L Bell).
Non-Members of Committee: - Aldermen Kerrigan and Warke, Councillors Donnelly, Duffy, Farrell, Ferguson, Gallagher, Harkin, Kelly and Mooney. ______
SER1/21 Notice and Summons of Meeting
The Director of Environment and Regeneration read the Notice and Summons for the Meeting.
SER2/21 Member Attendance and Apologies
The Director of Environment and Regeneration completed the roll call. Apologies were received from Councillor Dobbins.
SER3/21 Statement for Remote Meetings
The Director of Environment and Regeneration read the Statement for Remote Meetings.
SER4/21 Declaration of Members Interests
Alderman McCready and Councillors Jackson and Ferguson declared Interests in Items 6 and 7.
Open for Decision
SER5/21 Chairperson’s Business
There was no Chairperson’s business.
Page 67
SER6/21 James Orr, Friends of the Earth
The Chair welcomed the representatives from Friends of the Earth and the Environmental Gathering to the meeting. He explained that the meeting had been arranged in response to Council motion C360/20 to discuss sand dredging within Lough Neagh. He further informed Members that whilst representatives from the Lough Neagh Partnership and MPANI had been invited to address the Committee, they had declined the invitation.
Mr Orr (Friends of the Earth) addressed the Committee, a copy of his presentation had been previously circulated to Members.
Alderman Ramsey and Councillor Farrell joined the Meeting at this point.
The Chair thanked Mr Orr for his presentation and reminded Members that there would be an opportunity for questions following the next presentation.
Alderman McCready and Councillor O’Neill joined the Meeting at this point.
SER7/21 Nuala Crilly and V’Cenza Cirefice from the environmental Gathering
Ms Crilly and Ms Cirefice made their presentations to the Committee, The details of which had been previously circulated to Members.
The Chair thanked Ms Crilly and Ms Cirefice for their presentations and invited questions from Members.
Alderman McCready expressed his thanks to the speakers for their insightful and worthwhile presentations.
Councillor Durkan thanked the speakers for their excellent presentations. She commented that she had previously conversed with Mr Orr regarding this and many other environmental issues. She thanked the activists for work they had completed on a Climate Change Bill which had been recently presented to the NI Assembly. Councillor Durkan expressed her thanks to have attended some of the quarterly
Page 68 gatherings and monthly mini- gatherings held by the Environmental Gathering which she found educational and inspirational.
Councillor Harkin thanked the speakers for the enlightening presentations. Although he was not a Member of the Committee he expressed his desire for the Committee to action the recommendations given by Mr Orr as he felt these were relevant to the Climate Emergency Declaration and Pledge. He expressed his opposition to the decision of the Minister for Infrastructure to approve further sand dredging of Lough Neagh as he felt this decision made a mockery of Environmental and Planning Regulations.
He queried the composition of the Lough Neagh Partnership and asked if the Chairperson of the Lough Neagh Partnership was a senior Lough Neagh sand trader as he felt this was a serious conflict of interest.
In reference to the Climate Bill which had been presented to the NI Assembly, he stated that he felt the decision of the Minister for Infrastructure essentially destroyed any commitment which the Assembly had given to take climate change seriously.
He further requested information on alternative sources of sand other than from Lough Neagh, such as recyclable sources.
He stated that he felt Lough Neagh should be brought under public ownership as soon as possible and queried the opinion of the speakers on this.
In reference to the composition of the Lough Neagh Partnership, Mr Orr stated that until recently one of the partners had been the owner of a major sand dredging company. However, he emphasised that he was more concerned regarding the conflict of interest which the Department for Infrastructure displayed by partaking indirectly in the procurement of Lough Neagh sand through road building schemes, when they should be protecting the nature reserve.
Mr Orr agreed with Councillor Harkin that better ways to build and construct needed to be investigated in order to be more sustainable. He explained that the price of Lough Neagh sand had been driven down by a lack of regulation, given that obtaining sand from land based sites required developers to carry out environmental impact assessments. He criticised the lack of regulation within Lough Neagh as this had allowed it to be plundered and ransacked. He clarified that
Page 69 most sand was now obtained from the North West, but that this was not the result of good legislation and had arisen from the fact that most of the sand from Lough Neagh had now been removed. He further explained that local people had experienced the cultural and economic impacts that the removal of sand from Lough Neagh had caused. He acknowledged the effect on Climate Change that sand dredging had incurred and encouraged the use of alternative resources and the reuse of material. He praised Derry City and Strabane District Council for being the first Council to adopt a Circular Economy Zero Waste Strategy.
Mr Orr concurred with Councillor Harkin’s dismay that an individual such as the Earl of Shaftsbury could privately own a nature reserve such as Lough Neagh and hoped that in future the Lough would either be co-owned or publicly owned.
Alderman Ramsey thanked the speakers and commented that he had not heard about this issue until recently. He acknowledged the need for questions to be asked surrounding the legality of sand dredging. In terms of using recycled materials within the construction industry he highlighted problems that may arise and explained that the recycling of concrete and cement involved the grinding down of existing concrete and cement and the laying of new cement over this. He stated that alternative designs of building such as plastic or timber were not suitable for the weather conditions in Northern Ireland, meaning that bricks and mortar would be used for many years to come. He referred to the illegal dumping at the Mobuoy site and stated that it had been another example of the lack of government regulation. He suggested that a paper regarding sand dredging within the City and District be presented to the Committee as Council had a responsibility to examine the issue.
Councillor Jackson thanked the speakers on behalf of Sinn Fein for their presentations and commented that it was disappointing that the Lough Neagh Partnership and MPANI has declined the invitation. He declared an interest in this agenda item as he was a commissioner of the Foyle Port and Harbour, which had a statutory responsibility to carry out sand dredging within Lough Foyle in order to allow boats to come into the Lough and keep the port active. He stated he found the presentation informative and detailed that Council were not immune from unauthorised extraction, he commended enforcement officers within Council for their proactive efforts combat this problem. He acknowledged that completely removing the practise of sand dredging
Page 70 would require a complete change in mind-set within the construction industry which he would welcome. He expressed the support of Sinn Fein of the ambitions and goals set out within the presentations and informed Members of discussions which had taken place within the Local Development Plan process surrounding concerns in relation to mining. He relayed concerns regarding large industrial wind turbines and explained that measures had been taken to try to restrict the types of development that would harm the local environment.
The Chair agreed that a mind-set change would be required within the construction industry for sand-dredging to be stopped. He reminded Members if they need to declare an interest to do so within the chat box.
In response to a query from Councillor Edwards regarding dredging within Lough Foyle around Ballymagorry, Mr Orr responded that Friends of the Earth had been made aware of this but that it had now stopped. He added that they would be keen to look into this further if necessary. He highlighted that Friends of the Earth had never said that all sand dredging should stop but that areas that were over-dredged need time to recover, he advised that the problem was that dredging was happening on an ad-hoc basis with no regulation.
Councillor O’Neill thanked the speakers for their presentations. She informed the Committee that as a new Member she was looking forward to learning from similar Committee Meetings in the future. She endorsed the views which had been presented, stating that she felt this was a critical point in the fight against climate change and that community voices needed to be built up and heard. She expressed her opposition to allow sand dredging in Lough Neagh and proposed that the Committee support the recommendations made by Mr Orr. She referred to proposed gold mining in the Sperrin mountains by Dalradian Gold Ltd and proposed gold mining in Inishowen and highlighted the need for Council to protect nature and prioritise it over the needs of large businesses. She stated that Planning decisions should take into consideration the impact on the lives of 7 generations in the future.
The Chair expressed concern that broader discussion was needed in order to make a decision and suggested that Officers present a paper to the Environment and Regeneration Committee as soon as possible on the recommendations made by Mr Orr.
Page 71 The Director of Environment and Regeneration advised the Chair that Councillor O’Neill’s proposal had been seconded by Councillor Durkan via the chat box and needed to be considered by Members.
Councillor Boyle stated that he felt the recommendations were reasonable and that he would support the proposal as he felt no need for further discussion.
On request of the Chair Councillor O’Neill clarified her proposal was to endorse the recommendations made by Mr Orr, which were as follows;
The Committee write to the Department for Infrastructure to demand commencement of ROMPS (Review of Old Mineral Permissions). That Council conduct investigation into unauthorised and unreviewed quarries in Council and District Area. The Committee oppose new mineral licensing in the Council and District area (Strategic Environmental Assessment required).
Alderman McCready thanked the presenters for their additional contributions and Members for the debate surrounding the topic. He stated he believed the Committee had unity of intent regarding the decision but stated that he would require further information on the implications of the recommendations before he would make a decision. He highlighted the need for due diligence and suggested that a report be presented by Officers to the Committee on the implications of the recommendations.
Councillor Durkan reminded Members that the recommendations were contained within the Climate Emergency Pledge and stated that there was no reason for the decision to be deferred on that basis. She suggested that more regular updates could be brought to Members on the progress of the Climate Emergency Pledge and also reminded Members that there was an all-party Climate group.
The Director of Environment and Regeneration advised that Members of the Planning Committee could be provided within further information in terms of the work that the work conducted by the Planning department regarding unauthorised extractions in the District and Council area. She also advised that Members should consider either imposing a policy on mineral licensing in general or considering all applications on an individual basis.
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Alderman McCready acknowledged comments made by Members, particularly those of Councillor Durkan. He re-enforced the need for the legal and policy implications to be considered in greater detail.
Councillor Boyle acknowledged the impact of the of the recommendations on the Planning department and stated he felt a paper on unauthorised mineral extraction would be useful for Members of the Planning Committee. He repeated that he did not see any advantage in deferring a decision, although he commented that amending the policy on mineral licensing would be complex.
Councillor Jackson expressed his support of the recommendation to write to Department of Infrastructure to demand commencement of ROMPS. He stated that he felt that Council had a responsibility and should be already investigating unauthorised quarries within the City and District. He appreciated that this responsibility which had been placed on Council by the Department of Infrastructure was resource intensive, but that he didn’t think that the proposal should add any additional pressure. In respect to mineral licensing, Councillor Jackson agreed with the sentiment of the proposal but raised concern that endorsing the recommendation would affect the process of the Local Development Plan which was currently undergoing consultation. He felt that endorsing the recommendation could be seen as pre-determining the result of the consultation and could therefore undo some of the vast amount of work which had been conducted in progressing the Local Development Plan.
Alderman McCready proposed an amendment to the proposal. He suggested that he Committee endorse the recommendations to write to the Department of Infrastructure to commence ROMPS and to investigate unauthorised extraction in the City and District area. He further suggested that the Committee defer the recommendation to oppose all new mineral licensing applications in order to allow a report to be presented to Members of the Committee on the implications of this.
Alderman Ramsey seconded this amendment.
Councillor O’Neill stated that whilst she did not feel the amendment was necessary she was happy to agree to the amendment in order to move forward, particularly as a paper would be presented for further discussion at the Committee.
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Councillor Boyle verbalised his contentment with the amendment.
No opposition was expressed to the amendment.
The Committee
Recommended that (i) Council write to the Department of Infrastructure to demand commencement of ROMPS (Review of Old Mineral Permissions). (ii) Council conduct an investigation into unauthorised and unreviewed quarries and mines within the Council area. (iii) A report be presented to a subsequent meeting of the Environment and Regeneration Committee on the implications of opposing new mineral licensing in the Council Area.
The Meeting ended at 5.27pm
Page 74 Agenda Item 8c
Derry City and Strabane District Council
Open Minutes of the Meeting of the Governance and Strategic Planning Committee held remotely on Tuesday 30 March 2021 at 4.00 pm ______
Present:- Alderman Hussey (in the Chair); Aldermen Bresland and McCready; Councillors J Boyle, M Boyle, Cooper, Donnelly, Duffy, Fleming, Gallagher, McKeever, Mooney and Reilly.
Non-Member of Committee – Councillors Doyle, Harkin and Kelly.
In Attendance:- Chief Executive (Mr J Kelpie), Director of Legacy (Mrs O McGillion), Lead Democratic Services and Improvement Officer (Ms E Cavanagh), Lead Human Resources Officer (Mrs P Donnelly), Strategic Business Manager (Mrs R Craig), Communications Officer (Mrs A McCourt) and Committee Services Assistant (Ms N Meehan).
______
GSP46/21 Notice and Summons for Meeting
The Chief Executive read the Notice and Summons for the Meeting.
GSP47/21 Member Attendance and Apologies
The Chief Executive took the roll call and an apology was recorded from Alderman McClintock.
GSP48/21 Statement for Remote Meetings
The Chairperson read the statement for remote meetings.
GSP49/21 Declarations of Members’ Interests
Item 8 – City of Derry Airport Outline Business Case – Alderman McCready, Councillors J Boyle and Fleming, the Chief Executive, the Lead Finance Officer and the Head of Assurance, Audit and Risk.
Item 10 – Scheme of Allowances – Alderman Bresland, Councillors Boyle and Mooney.
Open for Decision
1 Page 75
GSP50/21 Presentation – To receive Former President of Catalan, Carles Puigdemont to Provide a Verbal Overview on the Catalan Conflict
The Chairperson welcomed the former President of Catalan, Carles Puigdemont to the Meeting to provide for Members a verbal overview on the Catalan conflict.
Former President Puigdemont welcomed the invitation to address the Committee and the opportunity to speak to Members. He also expressed his personal thanks for the support that Council had given the people of Catalonia through the Motion passed on 24th October 2019. This had shown their solidarity with the Catalan people in their democratic demand for self-determination and independence, whilst also calling on the Spanish authorities to end their campaign of violence and criminalization aimed at the peaceful Catalan movement.
He expressed concern, however, that eighteen months following the passing of the Motion by Council the situation has not improved. He stated that in the 21st Century, the European Union was standing by, as one of its Member States, Spain, held political prisoners in cells and forced politicians into exile abroad. He pointed out that some of the members of the Government of Catalonia that he led from 2016 to 2017 were in prison, whilst others were in exile because all the components of democracy in Spain, which seemed far more consolidated than had proven to be the case, had completely disappeared. He stated that in response to the will of the Government to exercise the right of self-determination, as enshrined in the Universal Declaration of Human Rights, a general assault had been launched against the legitimate ideal of independence, which was the political option of the majority in Catalonia. In the latest Catalan elections held on 14th February, the people of Catalonia once again gave a new absolute majority in the Catalan Parliament to pro-independence parties in terms of the number of seats. He stated that, moreover, for the first time, the votes for pro-independence political parties had passed the 50 percent threshold, reaching 51.7%.
The former President said he was a political exile, however, he was not persecuted just because of who he was, but more importantly, for what he represented. Spain wanted to make it clear that this persecution, whether it be in the form of political disqualification, exile, imprisonment and even, in the tragic case of his predecessor, President
2 Page 76 Lluis Companys in 1940, in the form of a firing squad, was all in the name of the unity of the Spanish state.
He said that in Brussels, from the heart of the European Union, Catalonia had denounced this democratic anomaly in the European Parliament and from the Council for the Catalan Republic, the political institution of which he was President. Spain continued the sinister tradition that it had upheld almost without interruption over the past century - the political repression of Catalonia’s highest political institution.
Former President Puigdemont said the people of Catalonia had no doubt that the ultimate objective of the Spanish State, all the way from the King down to the judges and public prosecutors, was not simply to persecute the people personally through criminal proceedings, but rather to frighten, intimidate and, eventually, paralyse the aspirations for freedom of the majority of the citizens of Catalonia. He said it was unimaginable that currently more than 3,000 people in Catalonia were victims of Spanish repression and were facing prosecution or judicial investigation. He expressed concern that this was happening in the heart of the European Union.
He stated that, in response to the shared conviction that Catalonia was a nation and, as such, had an absolute right to govern itself, Spain’s only tactic had been to punish to the limit of its powers.
He continued that, when, in September 2016, as President of the Government of Catalonia, he had announced to his country’s Parliament that the way to resolve Catalonia’s relationship with Spain was through a self-determination referendum, he was underlining two principles to the international community. Firstly, that the decision as to what form Catalonia should take as a country had to be made by its citizens though a referendum; and, secondly, that political conflicts, in Catalonia or anywhere else in the world, could only be resolved through democratic means.
The former President said, on behalf of all Catalans, he could clearly state that at no time had anybody digressed even a millimetre from their commitment to these two principles. He said those who hoped to see the Government disintegrate, disappear or become discouraged, should rest assured that they would continue to uphold and exercise their essential responsibility, wherever needed, in order to find a democratic solution. He said Catalonia was a land of understanding
3 Page 77 and dialogue who did not know how to do things any other way. He said this was a thousand-year-old nation that had certainly faced more than its fair share of attacks throughout history, but their triumph was their refusal ever to fall into the trap of violence.
He continued that the people of Catalonia would never be defeated despite the relentless, aggressive, hard repression it faced. He said that he was putting forward his country’s political situation and accepting legitimate criticisms within a framework of dialogue. He emphasised that none of the political prisoners or exiles had abandoned the objective of living in an independent Catalan republic in alliance with the free nations of the world. He said he was filled with emotion that none of the people persecuted by the apparatus of the Spanish state had not renounced their commitment to fight politically to achieve this objective.
He said the people who would one day have to answer to history, and specifically to the international courts, were those responsible for sentencing his colleagues and friends to a hundred years in prison, the same people who gave the orders to the police who came to Catalonia on 1 October 2017, when they held the referendum on self- determination, with the sole purpose of viciously attacking its fellow citizens.
Former President Puigdemont said it was a defining feature of modern European democracies that political conflicts were resolved with political solutions, always shunning violence. He stated that the mechanism for resolve any problems was to discuss, analyse scenarios and reach agreements. Any attempt to equate a political issue with a problem of a different nature was a mistake that hindered the possibility of finding a peaceful solution.
He said the fact that the Spanish State had so far rejected the European democracies’ formula for conflict resolution was not due to a lack of talent, but, rather to an excess of obduracy, and perhaps of pride and self-importance as well. He stated that the difference in the case of Spain was not that there was more or less talent for imagining solutions, but rather, it was Spain’s attitude and the lack of will on its part. Unfortunately, the European Union continued to keep a low profile which was a disgraceful show of hypocrisy.
The former President said he was certain that ending the repression would create the conditions required for the political resolution of the
4 Page 78 Catalan conflict. He said it was extremely difficult to have discussions with people who would prefer to use the police and legal system as a threat to intimidate their opponent. Replacing politics with the criminal code and resorting to the use of judges and police rather than governments and parliaments, had been one of the Spanish State’s huge mistakes.
He stated that as the 130th President of Catalonia and an MEP who proposed building a way forward; he said he proposed building a fairer and more democratic independent European state. He said his Government were willing for their proposals to fail because they valued democracy equally to or more than his country’s freedom. It was for this reason they had held a referendum in which everyone could vote and decide their collective future.
The former President stated that the people of Catalonia would not stop demanding the democratic backing of the European Union. He stated that a few days previously, 42% of the Members of the European Parliament had told Spain that it could not continue as it had been in the past. Without Brexit, this proportion would have been much higher. He said the discussion regarding the request to withdraw the parliamentary immunity granted to us as MEPs had generated a political debate about the situation of Catalonia in Brussels. He said almost 300 MEPs had rejected the judicial approach advocated by Spain – a wall which appeared very solid was beginning to show cracks.
He referred to the need to acknowledge that the approval of the request, albeit with less support than Spain expected, represented a defeat for democracy in the European Union. He said the European Parliament, as an institution, could not continue being far removed from the reality of the current times. He said the people of Catalan demanded that it reaffirmed its status as an authentic democratic assembly of representatives capable of finding political solutions when the dignity of millions of people came under attack, as was happening in Catalonia. He stated that Council, in its Motion, had called upon the European Union to “end its silence and complicity with the Spanish government’s violent repression, denial of democratic rights and now imprisonment of Catalan leaders”. He said it was unfortunate that the European Union, through its political institutions, had so far failed to do so. Instead, it had chosen to take the stance of a closed club of European states, rather than a regional federation formed of citizens. He urged Council to continue pressing the UK government as well.
5 Page 79 Former President Puigdemont stated that Europe had fallen short in response to the Catalan political conflict as, right now, there were political prisoners in Spanish prisons and hundreds of Catalan citizens were still being criminally prosecuted simply for being pro- independence or, even more outrageously, for tweets or songs that criticised the Spanish Royal family. The was the crude reality of which the European Union ought to be ashamed as an accomplice to a wave of repression against the most fundamental individual and collective freedoms.
He said the people of Catalonia would not give up hope. They believed that Catalonia was an opportunity for Europe and the world to demonstrate that borders were not sacred and that they were created, erased and modified only by the will of the citizens themselves. Europe as a whole, the EU and the UK, had to fully defend democracy and human rights, within their own borders as well, if they wanted to continue to be a key player at a global level.
He concluded that the democratic movement in Catalonia should not be seen as a potential crisis for Europe, but rather as a democratic opportunity for all nations. He said this should act as a reassertion that democracy mattered more than any borders and that political conflicts were resolved with votes and not violence, with our words being our weapons and never weapons to stifle our words. He said the people of Catalonia would keep fighting until it reached victory, because they knew that they had right on their side and the legitimisation of the popular will of the majority of Catalans.
The Chairperson thanked former President Puigdemont for his presentation.
Councillor Gallagher expressed his solidarity with the people of Catalonia in their struggle for independence. He said he was privileged to have spent some time in Catalonia during the October 2017 elections, when he was extremely overwhelmed by both the hospitality and the great sense of willingness of the people in their democratic process. He said he had visited in an observer capacity with the aim of learning models in terms of approach and building which could be used in this country. He said he had witnessed the powerful impact of everyone involved including children, students, powerful business people and political parties in their loyalty to their struggle for independence by a peaceful means. He commended the people of Catalonia in their approach and referred to the parallels and the
6 Page 80 solidarity in regards to the ongoing struggle for independence in the North of Ireland. He said a lot of the models and approaches used in Catalonia were now being adopted here and had brought tremendous benefits to this country. He anticipated that the situation in Catalonia would be resolved in the near future and that Council, as a corporate body, could further its corporate position by putting pressure on both the UK and European governments to address the situation in Catalonia.
Councillor Duffy welcomed the former President to the Meeting and said it was an honour to have him address the Committee. She said Sinn Fein were long-time supporters of the people of Catalonia in their fight for self-determination. She said the presentation had provided a stark reality regarding the treatment of those people. She stated that her Party colleague and former MEP, Martina Anderson, had provided international solidarity and had been in Barcelona on the day of the Election in 2017 as an international observer. She said her Party fully understood the struggle currently being faced by the people of Catalonia and had solidarity with those people.
Councillor Duffy said her Party also supported the release of all political prisoners and would continue to call on the Spanish government to end the repression and the criminalisation of all those who supported independence. She said they had also called on that government to enter into inclusive dialogue with the democratically elected representatives of the Catalonian people and she reiterated that call.
In regards to the final sentence of President Puigdemont’s presentation regarding the sense of rightness, she quoted the words of Bobby Sands “its that unthinkable thought my friend, the thought that says I am right”.
Councillor Harkin welcomed former President Puigdemont to Derry and Ireland albeit virtually and expressed his disappointment that the former President’s planned visit in May 2020 had been cancelled due to the Covid pandemic. He referred to the fact that his colleague former Councillor McCann, who had originally raised the Motion in support of the people of Catalonia in their struggle for independence, had now resigned from Council due to ill health. However, he sent his solidarity and would continue to campaign for the people of Catalonia to achieve independence.
7 Page 81 Councillor Harkin said the presentation was most enlightening and he felt there was much to be learned here from the experiences and determination of the people of Catalonia not to give up on what was a democratic aspiration. He referred to comments regarding the silence of the European Union and said he felt it was criminal that they had not spoken out in defence of democracy and the people of Catalonia and their right for self-determination. He suggested that Council call on the European Parliament to reverse the decision it had taken a number of weeks previously to remove immunity from the former President. He felt this sent a signal to the Spanish Authorities that the European Union was in agreement with the awful repression being shown to people who support self-determination. He said it was about criminalising the people of Catalonia and it was necessary for Council to express loudly that this Council would not accept this and would speak out in support of the people of Catalonia.
He said People Before Profit had called for an end by the Spanish Authorities to the criminalisation of the democratic movement and the democratic demand for self-determination. They had also called for those prison sentences which had been imposed on various political leaders and other activists to be overturned. He referred to the many hundreds of people who the Spanish State were still trying to convict because of their basic right to act peacefully and democratically to achieve a new Catalonia.
Councillor Harkin also suggested that Council stand in solidarity with Pablo Cassel who had been imprisoned because of comments he made criticising the Spanish Government as well as everyone who was being criminalised throughout Catalonia. He referred to the need for Council to reaffirm its commitment to the people of Catalonia in their struggle for independence.
He again welcomed and thanked the former President for his address to Committee.
Councillor Reilly welcomed the former President to the virtual Meeting. He referred to the parallels in regards to the ongoing struggle for independence in Catalonia with the island of Ireland. He welcomed the fact that there had never been any digression from the two principles outlined in regards to the need for a referendum to determine what form Catalonia should take as a country and the recognition that political conflicts could only be resolved through democratic means. These principles were true of his Party in campaigning for their own
8 Page 82 entitlements to pursue an agenda in regards to the unification of the island of Ireland. He then quoted his former Party Leader, the Late John Hume who said “when people are divided, agreement is the only solution”. He said agreement could only be reached if people were acting in a peaceful and democratic manner which was the foundation of the Civil Rights Movement who were so active in the city. He stated that throughout the conflict here, his Party had maintained that a peaceful and democratic means was the only way to make progress.
Councillor Reilly said it was with these principles in mind that his Party had looked on at the violence which had taken place in Catalonia in 2017 when peaceful protests were met with coercion by local Police forces. This had resulted in the imprisonment of many innocent people with many other political figures being placed in exile. He said his Party would be willing to write to the European Union and other governments to oppose this type of violence.
Alderman McCready welcomed President Puigdemont to the Meeting and thanked him for his presentation which he felt was insightful but concerning in regards to the ongoing situation in Catalonia. He said that it was unfortunate that due to the pandemic he had been unable to visit the City and District but said he would be most welcome here in the future when it was safe to do so.
Alderman McCready said his Party did support the right of the people of Catalonia to freedom of speech, freedom of protest and the right to self-determination within a democratic process. He referred to the many mistakes which had been made in this country from all perspectives, all political parties and all stakeholders. He referred to the divisions which still existed within Northern Ireland and within the Council Chamber. Albeit freedom of speech for all was still allowed in regards to political opinions and self-determination. He urged President Puigdemont not to emulate the mistakes made here by going down a brutal and violent path which, during the past forty years, had resulted in the deaths of over 3,500 people. He encouraged him and other political leaders to adhere to their principles and prevent involvement from any dissident elements from any faction in the struggle for independence. He referred the need for a democratic and peaceful process as the alternative would be incomprehensible and regrettable on all counts.
The Chairperson reflected on the actions of the Fire Service in Catalonia when people were under serious pressure.
9 Page 83
Councillor Donnelly also welcomed President Puigdemont to the Meeting. He expressed his solidarity with the people of Catalonia in their struggle for independence. He pointed out that this would be a long struggle. He said the only violence apparent in Catalonia was from the State and referred to the similarities which existed in regards to Ireland. He said it was the denial of national democracy in Ireland which had caused the problem. He said if the Spanish State used the same attitude adopted by the British State in Ireland for many centuries this could inevitably lead to some form of resistance or violence.
He stated that in order to prevent such violence it was necessary to put pressure on the Spanish Government to allow for national self- determination in regards to Catalonia. He referred to the actions taken by various States in opposing democracy, whether by dividing the country, as had occurred in Ireland or by other equally corrupt means, siting countries such as Scotland, Palestine and Venezuela.
Councillor Donnelly enquired what assistance Council could give to the Catalonian people in their struggle for independence.
Former President Puigdemont thanked Members for their solidarity, the inspiring words and their commitment to conflict resolution through a democratic and peaceful process, not only for Catalan but for the European democracy. He said Council could help the people of Catalonia in their struggle by negotiation with the European Union and the other relevant governments in regards to an end to the current repression in Catalonia. He referred to the importance of Ireland to the people of Catalonia whose voice they believed held moral authority in terms of their history, experience and struggle and the way that solutions were found through a democratic and peaceful means. He thanked Members for inviting him to address the Meeting and anticipated that, in the near future he would be able to travel to the City.
The Chairperson thanked former President Puigdemont for his presentation and wished him well in his future endeavours. In regards to the situation in Catalonia, he felt it was clear that the geographic situation did not necessarily bind people together. He referred specifically to the Iberian Peninsula which had now the four entities of Portugal, Spain, Catalan and Gibraltar which were all now part of that geographic position.
10 Page 84 Councillor Gallagher requested that President Puigdemont remain in attendance for the remainder of the debate.
The Chairperson referred to the substantive nature of the Motion suggested by Councillor Harkin who was not a Member of Committee. He ruled that this be processed through the normal channels in regards to Notices of Motions.
Councillor Gallagher stated that his Proposal reflected Council’s corporate position but referred to the need for Council to continue to be proactive in regards to its support and solidarity with the people of Catalonia in their struggle for independence. He referred to the need to contact all those within the European Union who could have an influence in this regard. He also suggested that Council contact the British government and the government in the Republic of Ireland outlining Council’s corporate position as they might have a voice to lobby within Europe.
Councillor Donnelly referred to the fact that the Republic of Ireland Government had dropped articles 2 and 3 in regards to the six counties and the fact that the UK Government were denying national sovereignty to the people of Ireland. He also pointed out that it appeared that the European Union had disregarded the entire process in Catalonia. He suggested that the United Nations also be included in the proposal.
Subsequently the Committee
Recommended that Council reaffirms its corporate position and write to the European Union, the United Kingdom Government, the Republic of Ireland Government and the United Nations to end its silence and complicity with the Spanish Government’s violent repression and denial of democratic rights.
Councillor Harkin expressed his support for the Motion. He referred to the fact that Carles Puigdemont was the former President of Catalonia and was also an MEP who had led an historic event in terms of organising a referendum in Catalonia. He said the former President had been invited by Council to address the Committee and should be shown respect. He expressed serious concern that the Chairperson had
11 Page 85 advised the former President to bring his presentation to a conclusion which he considered a total lack of respect. He also expressed concern at how the Meeting was being Chaired by Alderman Hussey. He undertook to raise the matter further at another forum.
The Chairperson explained that he was merely following the protocol in regards to presentations and meant no disrespect to the former President.
GSP51/21 Chairperson’s Business
There was no Chairperson’s Business.
GSP52/21 Matters Arising from the Open Minutes of the Governance and Strategic Planning Committee held on Tuesday 2 March 2021
There were no matters arising.
GSP53/21 City of Derry Airport Outline Business Case
The Chief Executive referred to the fact that this had been an extremely challenging year, not least in regards to City of Derry Airport. He stated that due to the exceptional proactive management by the CODA Board and the financial support received, particularly from the Executive, it had been possible to work through those challenges with no additional monies required from Council in respect of the Airport, other than its normal recurrent commitment through the Rates Estimates. It was anticipated that this position would remain unchanged for the incoming financial year with the next financial year being covered, particularly given the recent challenging Rates Estimates process.
In regards to the wider strategic priorities of Council and the financial pressures on Council, and as had been agreed prior to Covid, he pointed out that Officers and Members of the CODA Board had been working on a detailed proposition to governments to partner with Council in terms of sustaining the Airport financially in the years ahead. He advised that this process was now complete and the Lead Finance Officer would present to Members the details of work carried out in regards to the future financial sustainability of the Airport.
The Chief Executive pointed out that, if this approach to government/s was successful, it would significantly reduce the financial challenge on Council and the responsibility for the sustainability of the Airport would
12 Page 86 become a shared sustainability between Council and their partners in government. He stated that the journey ahead in terms of reaching this position would be challenging and would require considerable hard work in order to progress Council’s case. However, the many positive engagements with government in recent months and in advance of producing this report had been most encouraging. He referred to the fact that the UK government and the Department for Economy had recently confirmed joint continued 100% funding for the next two years for the London Public Service Obligation (PSO) route. This, in part, fulfilled some of the requests set out in the Business Case being presented to Members. He reiterated that the NI Executive had, and continued to, provide substantial amounts of Covid funding and it was anticipated that further funding would be made available in respect of the Airport in going forward.
The Chief Executive pointed out that the government in the Republic of Ireland were currently considering the feasibility and the detail around their potential support for a possible PSO route to Dublin, as indicated and set out in the New Decade New Approach Agreement.
He said it was also very encouraging to note that further to Ryanair recently notifying that it would be, at least temporarily, withdrawing services to Liverpool and Edinburgh, Logan Air had agreed to undertake the Liverpool route and substantially increase frequency on the Glasgow route.
The Lead Finance Officer presented the above report, a copy of which had previously been circulated. He advised that the purpose of the report was for Members to approve that engagement was now urgently commenced with Government on the basis of the completed detailed outline Business Case and associated proposals to secure the funding support required from Government to ensure the continued sustainability of the Airport.
Councillor Fleming welcomed the Chairperson of the CODA Board and the Airport Manager to the Meeting. He acknowledged the work involved in the preparation of the report by Members of the Board and Council Officers and the outside agencies involved. He said his Party supported the recommendation for the many reasons outlined and also against a backdrop to retain this very important piece of infrastructure in the North West which served not only this Council area but also Donegal who made up 40% of the Airport’s passenger numbers. He said it was timely and of essence that Council moved forward in terms
13 Page 87 of changes in regards to the current governance arrangements as well as Council’s continued support for the Airport. He referred to the importance of the Airport in terms of economic development and tourism and access to the mainland for both students and business persons.
Councillor Fleming referred to previous questions regarding Council’s commitment and level of investment in regards to the City of Derry Airport. He said this provided an opportunity for alternative governance arrangements and to realise additional government funding in respect of the Airport thereby allowing Council to reduce its subvention. Any savings made could be otherwise invested in terms of loan charges in respect of Council’s capital development projects or in the wider provision of Council services. He reiterated his Party’s support for this approach which he anticipated would bring certainty and growth following the pandemic and the security and peace of mind for those who had worked tirelessly at the Airport for many years.
Councillor J Boyle welcomed the Chairperson of the CODA Board and the Airport Manager to the Meeting and also acknowledged the time and commitment given by both men and their team at the Airport in terms of the Business Case being put forward.
He referred to the confirmation provided in the York Aviation Report regarding the impact of the Airport regionally which could not be considered insubstantial. He said the Airport had produced a GVA of £26m in 2019 which it was expected would grow. It also, directly and indirectly, supported 850 jobs and, based on any potential future investment in going forward, the Airport did represent value for money.
He referred to the fact that the Business Case was ultimately based on shared sustainability which he viewed as a proposition which would be a partnership in the medium to long-term. He referred to the extensive funding support already available in other jurisdictions provided by regional government referring particularly to Scotland and Wales and at national government level in the Republic of Ireland. He said City of Derry Airport should also benefit from the same level of financial support, particularly given the peripherality of the Airport and the challenges it faced.
Councillor J Boyle referred to the importance of the Dublin PSO and looked forward to negotiations in relation to this. It must, however, be remembered that this formed part of the New Decade New Approach
14 Page 88 Agreement which the Dublin government had signed up to. He welcomed the continued support from the Department for Infrastructure, particularly during the past twelve months in terms of addressing the challenges presented by the Covid pandemic. This meant that extra monies were available which could be invested in going forward into the next financial year which had to be welcomed.
Councillor J Boyle thanked all of the staff at the Airport for their continued commitment to the facility and to its customers. He acknowledged that these had been extremely challenging times for all staff and recognised the importance of this facility in regards to their futures and that of their families.
Councillor Gallagher, whilst acknowledging the work involved in the preparation of the Business Case, felt that any potentially feasible economic model in respect of the Airport would have been identified in the past. He expressed concern that the only viable economic model in regards to City of Derry Airport was subvention. In terms of the continuous references to financial support from government for the Airport, he pointed out that this had no impact on, or was of benefit to ratepayers. Irrespective of the Rates Estimates process, Council continued to pay in excess of £3.5m in subvention to the Airport.
Councillor Gallagher referred to earlier comments that Donegal accounted for 40% of passenger numbers at City of Derry Airport. He said that, bearing in mind that a possible 30% of the remaining 60% came from the Causeway Coast and Glens Council area, potentially, Derry City and Strabane District Council accounted for only 30% of passenger numbers at City of Derry Airport. It was therefore a matter of major concern that this Council was funding the Airport 100%.
In regards to suggestions of Council becoming subvention free and the Airport attracting in the region of one million passengers, Councillor Gallagher pointed out that even at the height of its success to date City of Derry Airport had never attracted even half of these passenger numbers. And year on year there had been a constant decline in passenger numbers with the current figure standing at 200,000, which represented only 20% of the suggested figure necessary for Council to be subvention free. It would therefore be necessary to increase passenger travel by 80% for Council to become subvention free. He expressed concern that the Business Case did not present any proposals in terms of how this increase could be achieved.
15 Page 89 Councillor Gallagher welcomed any financial intervention from government which could possibly ease the burden on ratepayers but expressed concern at the likelihood of this coming to fruition. In regards to the risk factors, he expressed concern at the scarcity of detail within the proposal in regards to the lack of sustainability and the cost involved in having this resolved. He referred to the need for greater detail in regard to possible options. He also requested further information regarding the suggested £26m GVA produced by City of Derry Airport particularly, given declining passenger numbers.
In terms of moving forward, Councillor Gallagher said ratepayers could not continuously carry the financial burden of the Airport and the economic model could not continually revert back to such a proposition.
Councillor Doyle acknowledged the work involved in the preparation to the Business Case. He concurred with many of the sentiments expressed by Councillor Gallagher in terms of the subvention monies being invested into capital projects which would be of direct benefit to ratepayers. He said Aontu were in favour of ensuring that there was a balanced infrastructure strategy across regions. He referred to the lack of non-carrier interventions at City of Derry airport although he did acknowledge that a Maintenance, Repair and Overhaul (MRO) Hangar was being proposed as part of the Business Case. However, this was also based on subvention which he did not feel was a viable strategy in going forward.
He referred to the fact that there were opportunities for the Airport to become less of a burden on ratepayers. He referred to a proposal he had put forward a number of years previously in regards to freight, albeit on a potentially smaller scale. He referred to work carried out by the former City of Derry Airport Committee in regards to this when issues had been identified in relation to the runway in terms of the international standard for freight and haulage. He referred to the need for Council to be innovative and to be able to adapt to the fact that there was a sizeable freight corridor from the Britain to Belfast. However, this was reliant on the infrastructure from Belfast to transport goods to Derry whether small or large freight. Council should be endeavouring to oversee this by becoming more self-sufficient in regards to developing freight usage at the Airport. He looked forward to hearing what plans there were to develop this, bearing in mind the inclusion of the MRO Hangar within the proposals, albeit on the basis of a subvention. He referred to the need for Council to be more
16 Page 90 innovative in terms of how to justify this subvention to ratepayers as this was becoming increasingly more difficult.
Whilst not being suspicious of the GVA statistics he felt these were somewhat surprising particularly given declining passenger numbers and the lack of passenger numbers from this Council area. This presented a considerable problem given that all ratepayers were carrying the financial burden of covering the subvention. Whilst acknowledging the benefits to be derived from any financial intervention from government, one could not overlook the fact that Council were taking a decision to deprive ratepayers of in excess of £3m. This could be used for other much needed projects as opposed to subvention for City of Derry Airport. He queried if it was intended to make this facility more self-sufficient because subvention was not a feasible or practical long-term option. He said it was difficult not to request that consideration be given to the possible alternatives and he envisaged a situation arising whereby the Airport would become a burden that Members were no longer willing to subvent.
Alderman McCready expressed his support for the recommendation contained in the report. He challenged any Member who would oppose a reduction to the ratepayer contribution at this stage and urged those Members to read the detailed Business Case contained in the Confidential enclosures. He said this report provided in-depth detail in regards to independent sources, analysis layout and the York Aviation reports.
He sought the views of the Chairperson of the Board and the Airport Manager on the issue of diversification and air freight innovation etc. which he felt were worthwhile considerations. These issues were of particular relevance at this time given that the Freeports, Innovation Zones, Free Enterprise Zones were all on the horizon.
Alderman McCready referred to previous discussions which had taken place regarding the Airport when similar points had been raised and when Members had highlighted the need to address the unsustainable financial subvention of 5.4% of Council’s annual budget to the Airport, approximately £3.4m. He stated that fundamentally a strategic progressive way forward was needed and he concluded that, from reading the detailed reports provided, CODA had presented Council with such a strategic, progressive and sustainable way forward in regards to the mid-term. He stated that despite the ramifications of the Covid 19 pandemic and the implications associated with leaving the
17 Page 91 European Union, the Airport team had delivered in terms of what Council had requested.
He continued that the mid-term funding strategy significantly reduced Council’s subvention from £3.4m to a more sustainable £1.5m providing Council with a saving of £1.9m which was to be welcomed. This would ultimately result in a 3% reduction in the rates. He stated that this was a monumental step forward providing savings which could not be rejected by this Committee. In regards to the quantum of the return from the £1.5m subvention from Council, this would provide a hugely significant and positive return which would be both economically and socially beneficial. He referred specifically to the GVA which was in the region of 26m coming to this Council area through direct and indirect related projects, tourism and business connectivity. He referred to the fact that the Airport provided 850 jobs and the impact of this in terms of employment provision within this Council area. He felt this should be expanded upon and believed that the Airport provided Council with the vehicle with which to do this.
In regards to the recently secured City Deal funding, he pointed out that the City, district and region had benefitted from having an integral airport which was part of its transportation network. He said this was a City which deserved an airport and it was viable in the long-term. He felt that Freeports and Free Enterprise Zones were the vehicle through which innovation and diversification could be achieved. He felt there was an aspiration to diversify and become more fruitful in terms of thinking in terms of how the Airport could deliver best economically for the region.
He stated that in terms of the New Decade New Approach Agreement and the pledge from the Republic of Ireland for a Dublin Public Service Obligation this should be progressed but still required considerable work. He welcomed the continuation of the London PSO and the assured 100% funding from the Department for Communities. He felt the benefits of City of Derry Airport to the ratepayer far outweighed the costs.
In conclusion he said this was a positive and progressive step forward which came at a critical time, particularly in regards to the City Deal projects and opportunities which was to be welcomed. He felt this would enhance prosperity and opportunity and be for the betterment of the City and district. He commended those involved in the
18 Page 92 preparation of the Business Case and acknowledged the time and effort involved in bringing this together.
Councillor Reilly thanked Officers and all those involved for their hard work and efforts in bringing forward the Outline Business Case. He enquired if there had been any update in regards to the issue of Freeports. He referred to the significance of this, particularly, given the close proximity of City of Derry Airport and the Port, both geographically and in terms of the impact they had on this Council area and across the North West.
The Chairperson referred to the significance and associations of Foyle Port, City of Derry Airport and the rail link which presented tremendous opportunities for this Council area in terms of its transportation network and connectivity. He agreed with the recommendation contained in the report which would ultimately lead to savings for Council in regard to its subvention to the Airport.
The Chief Executive reminded Members of the purpose of the report which was not an argument in favour of continuing Council’s current level of financial support to City of Derry Airport. It was a proposal to substantially reduce that subvention from Council which could be redirected towards Council’s other strategic objectives. It was a proposal to bring in three governments, the UK government, the NI government and the Republic of Ireland government as set out in the Business Case, to continue the sustainability of the Airport, bearing in mind that this was a cross-border facility serving a population in County Donegal and beyond. He stated that the issue of the sustainability of small regional airports was probably another topic for discussion but he felt it was clear that, for the foreseeable future, City of Derry Airport would not be sustainable purely on financial terms. He said that, as far as he was aware, no small regional airport on these islands or in Europe was.
He said City of Derry Airport continued to be the only small regional airport that was not supported by national or regional governments, the situation being the complete reverse in Scotland and the Republic of Ireland. He stated that in Wales, the largest airport in Cardiff was supported by government. This was also the case in France and Spain and other European countries where national government recognised that for balanced regional development it must support regional airports financially. This was not left to the local authorities in those areas, regardless of whether or not they owned the airports. He said
19 Page 93 this was a very important proposition to government to deliver on its commitment to balanced regional development particularly, when connectivity from this City region was a debate frequently held by Council. He stated that connectivity was vital in terms of moving forward.
The Chief Executive confirmed that the issue of diversity at the Airport was, and had been, a key focus of the Board for many years. He stated that there had been repeated attempts to diversify and attract and sustain an MRO facility at the Airport which, regardless of where it was located, would require a degree of subvention. He said there were opportunities in freight which, whilst fraught with difficulties, were still available. He said Council had, on numerous occasions, undertaken comparative analysis of the efficiency of CODA with other regional airports of similar size. He said so many efficiencies had been driven over the years that the Board was completely assured that CODA was operating at the highest level of efficiency that it possibly could, given the resources available. He said the Board was constantly focused on innovation and new business and alternative business to supplement commercial passenger traffic.
The Chief Executive welcomed Members’ comments which the Board would consider.
The Chief Executive of the CODA Board, Mr Harrison, thanked Council for its ongoing support, particularly in regards to those Members represented on the Board. He felt it was important to realise that at the outset of the pandemic in 2020, the government had supported travellers out of Northern Ireland to ensure that essential workers were able to travel. One service was Belfast City to Heathrow and the other service was City of Derry Airport to Stanstead. He said these services were vital and provided necessary travel. He said a considerable number of doctors, nurses and other key workers who travelled from City of Derry Airport to the UK would, otherwise, have had to travel to Belfast.
Mr Harrison said he would welcome being able to reduce the level of subvention from Council to zero. He referred to the hard work and efforts of all those involved in terms of producing the Business Case. He said a numerous range of options had been considered which had been shortlisted and outlined in the Business Case. He referred to the considerable detail contained in the Business Case and accompanying appendices and stated that himself and the Airport Manager would be
20 Page 94 willing to discuss with Members via zoom, the content of the documents, if they so wished.
Mr Harrison said that more opportunities now existed for the Airport than at any time in the past with more serious discussions taking place with other airlines. He said there was a lot of potential good news on the horizon in regards to Airport Departure taxes (APD). He said there was a possible 50% reduction in APD to £13.00 for domestic travellers. He said the three airports in Northern Ireland were working with Civil Servants in an effort to reduce APD. He said that Ryanair had stated that, in the event of APD being removed, they would return and would consider additional destinations across the whole of the UK. He said he felt encouraged that CODA would see the return of low cost carriers.
In regards to diversification, Mr Harrison confirmed that the Board were considering cargo, with the Council’s Chief Executive and the Airport Manager having had discussions in regards to the Freeport aspect. He referred to discussions which had also taken place with airlines regarding CODA’s maintenance facility. However, he was unable to provide significant detail on this given its commercially sensitive nature. One airline had stated that they would use CODA if there was an overhaul facility and an MRO provider. Therefore, an airline had been secured and the Board were now looking for an MRO operator and there was a possibility of one being identified within a specified period of time.
In terms of routes, Mr Harrison felt the Dublin PSO would make a tremendous difference as it would provide the first major hub for the Airport. It was anticipated that this would provide a twice daily service where travellers from the North West could connect to the Europe and beyond. Likewise, if a route was agreed for Manchester or elsewhere this would also open up opportunities for worldwide travel for CODA passengers.
The Airport Manager, Mr Frazer confirmed that there was potential for CODA in regards to freight and huge potential in terms of the MRO hangar which the Board were actively trying to progress. However, it was important that prior to any progress being made in regards to these, the Board were able to present an airport which had a secure future and and which was worthy of investment. He acknowledged the comments made by Councillor Gallagher and pointed out that this was a regional airport which would be under a subvention model for a considerable period of time and possibly for the majority of the next
21 Page 95 decade. He felt it was appropriate that this subvention was moved to another level, given, the high percentage of people from Donegal and Causeway Coast and Glens Council who used the Airport. He felt it was only fair that central government would take responsibility for some of the costs involved.
In regards to Freeports, Mr Frazer said Northern Ireland had agreed to follow a completely different model from England, Scotland and Wales. This model, however, was fraught with a number of hurdles along the way. He referred to the ongoing discussion and lack of progression in regards to this. He was therefore not in a position to provide an update for Members at this stage. He felt however, that it was an unusual approach for Northern Ireland to seek Freeport status for the entire country, albeit he acknowledged the benefits if this were achieved.
The Committee
Recommended that Members approve that engagement is now urgently commenced with Government on the basis of the completed detailed outline Business Case and associated proposals to secure the funding support required from Government to ensure the continued sustainability of the Airport.
GSP54/21 Universal Basic Income Trial Locations
The Director of Legacy presented the above report, a copy of which had previously been circulated. She advised that the purpose of the report was to update Members on the work of the Universal Basic Income Steering Group and their request for the identification of potential trial locations within the Derry City and Strabane District Council area, one of which could be selected for the NI Universal Basic Income Trials (UBI).
The Chairperson expressed concern at the key criteria for the trial and felt it was a mistake to have all of the UBI trials in urban areas. He said he could quickly identify rural areas where the remainder of the criteria could be achieved. He failed to understand why the trials were to be based in urban areas. He referred to rural areas within the Council district which were within the 10% most deprived Wards and which
22 Page 96 contained an intersection of society, albeit these may not be physical interfaces.
Councillor Gallagher concurred with the sentiments expressed by the Chairperson. He referred to the East Ward in Strabane which was one of the areas of greatest deprivation with one of the highest rates of child poverty. However, based on the criteria presented, this would be prevented from being included in the trials. He felt that if Council was to refine the criteria outlined it would have little, or no benefit in terms of what it was being set up to achieve. He said those people who lived in the East Ward would be upset to learn that they had been overlooked in regards to these trials based on the criteria outlined. He stated that whilst Council was extremely supportive of the original concept, he felt this had been somewhat altered by introducing such rigid criterion.
He said that based on the original presentation to Council, any areas of need identified by Members could be included in the trials, and he did not feel Council should be dictated to regarding the rigid specifics outlined in the report. He suggested that if the report was not amended to reflect the original proposal, Council should reconsider its position.
Councillor Doyle said he was also somewhat perplexed by the criteria. He said that whilst he represented the Ballyarnett Ward, his family resided in the Brandywell which was based in the Moor Ward. He said that the criteria would appear to reflect the lower end of the Moor Ward in terms of being an urban area, one of the ten most deprived Wards, and a broad intersection and interface area.
Councillor Duffy acknowledged the concerns expressed by the previous speakers. However, at this stage Members were being requested to allow the Task and Finish Group to consider the response and further examine the criteria. She agreed with the sentiments expressed by the previous speaker in regards to the Moor Ward.
Councillor Farrell said he was a Council representative on the UBI Steering Group and also on the Anti-Poverty Task Group who would be making a recommendation in regards to the proposal. He said he had attended both meetings of the Steering Group and shared the concerns expressed by Members. However, these concerns had been raised at the last meeting of the Group when Members had been requested to identify an area which met the four criteria. He said it was
23 Page 97 necessary to understand that whilst Derry and Strabane Council district did have urban areas which were within the top ten most deprived Wards, it differed significantly from Belfast. It struggled in regards to interface areas and areas of broad intersection of both communities. Whilst the Fountain was obvious, areas of this nature were lacking within this region. He referred to the need to make a decision which would be most beneficial for this Council area and feedback was currently awaited from the Steering Group to find out if the criteria had to be rigidly adhered to. He anticipated that the response would confirm that this was not necessary which would prove most beneficial to this Council area. He suggested that any decision by the Committee should be based on the feedback received from the Steering Group.
The Chairperson welcomed the information provided by Councillor Farrell in regards to the process.
The Director of Legacy welcomed Members’ comments and undertook to prepare draft papers considering individual criterion in regards to how these could be applied. This would provide outcomes and would include super output areas and Ward and DEA levels. Subsequent recommendations would be presented to Committee and to the UBI Steering Group.
The Committee
Recommended that Members consider the contents of this report and approve the Anti-Poverty Task and Finish Group meeting to consider the response from the UBI and making recommendations on potential locations within the Derry City and Strabane District Council area, which will be subject to a future paper to Governance and Strategic Planning Committee.
GSP55/21 Scheme of Allowances 2021
Alderman Bresland and Councillors Boyle, Gallagher and Mooney, as Members of the Planning Committee, declared a pecuniary interest in the above item and withdrew from the virtual Meeting during discussion on this.
24 Page 98 The Lead Democratic Services and Improvement Officer presented the above report, a copy of which had previously been circulated. She pointed out that the purpose of the report was to advise Members of an amendment to guidance on Councillor’s allowances, issued by the Department for Communities in March 2021.
In regards to paragraph 5.1 of the report, Councillor Duffy felt that, given the current economic climate and the financial struggles being faced by so many, it did not feel appropriate for Members to award themselves an increase in their allowance.
In regards to 5.2, Councillor Duffy preferred option three which she felt reflected the decision taken by Council in terms of developing an approach to allocate a Special Responsibility Allowance to Members of the Planning Committee in regards to their additional workload which she felt should be further explored.
Alderman McCready agreed with the proposal put forward by Councillor Duffy in regards to paragraph 5.1 of the report. However, he referred to the need for further debate in regards to paragraph 5.2 and possible other options.
Councillor Doyle welcomed the consensus developing in regards to this. He said it was his Party’s perspective that this increase in Members allowance was unnecessary, particularly, given the number of people who were working vigorously and were being offered a minimal pay increase. He said Members could and should stand in solidarity with those workers by rejecting the proposal.
Councillor Reilly expressed his Party’s support for the proposal put forward by Councillor Duffy to reject the recommendation contained at 5.1 of the report. He said he did not feel this increase was appropriate given the abysmal pay increase offered to frontline NHS workers. He acknowledged that the recommendation contained in the report was proposed by the Department for Communities in regards to the Scheme of Allowances awarded by them.
In regards to the third element of paragraph 5.2 of the report, Councillor Duffy felt that when that had been considered by Council initially it had focused on where the greatest responsibility lay in regards to Members’ workload and had agreed that this was within the Planning Committee. Council had therefore made the original decision to allocate the allowance to Members of the Planning Committee. She
25 Page 99 acknowledged the reasons why it had not been possible for Council to progress this but felt that, if these monies were to be reallocated, she would like to explore further how Members of the Planning Committee could be remunerated in terms of their workload. She said she would be satisfied to focus on the third element of paragraph 5.2 of the report at this stage.
In regards to paragraph 5.2, Alderman McCready said he did not feel it was appropriate for Members to be presiding over or making decisions regarding any financial allowances. He considered this to be the responsibility of the Department for Communities. He said he understood the position in regards to the protocol and that in this instance Council had been given the recommendation but still felt uncomfortable in regards to the process. He referred to the decision taken by Council to consider the workload in terms of the Assurance, Audit and Risk Committee and how often it would meet. He said this was reduced from monthly to bi-monthly and consequentially the allowances reflected this which created the under-allocation of £6000.
In regards to element three of paragraph 5.2 of the report, Alderman McCready referred to issues which might arise in regards to parity and disparity. He said individual Members would have a varying baseline in respect of their annual allowance. He suggested that the £6000 gap arising from Council refining the function and operation of its Committees should be a saving to ratepayers to be assigned to other projects. He enquired if Members agreed and enquired if the third element of paragraph 5.2 was pursued how it would be determined which 50% of Members would receive the allowance first.
Councillor Reilly referred to the various reasons outlined by Councillor Duffy in regards to the numerous tasks and additional workload and responsibilities of Members of the Planning Committee. He felt that there were significant grounds upon which consideration be given to option three of paragraph 5.2. He said his Party felt it was appropriate to proceed with this option.
Councillor Duffy Proposed, Councillor Reilly Seconded
That (i) Council reject 5.1; and
(ii) Council accept the third option in regards to 5.2 in terms of developing an
26 Page 100 approach to allocate the allowance to Members of the Planning Committee.
The Proposal on being put to the vote was carried with voting: For – 6; Against – 0; Abstentions – 2.
Subsequently the Committee
Recommended (i) that Council reject 5.1; and
(ii) that Council accept the third option in regards to 5.2 in terms of developing an approach to allocate the allowance to Members of the Planning Committee.
GSP56/21 Service Delivery Plan 2021/2022 – Strategic Planning and Support Services
The Lead Democratic Services and Improvement Officer presented the above report, a copy of which had previously been circulated. She advised that the purpose of the report was to present, for consideration and Members’ approval, the Delivery Plan for the Strategic Planning and Support Services for the year 2021/2022.
The Committee
Recommended that the Strategic Planning and Support Services Delivery Plan 2021/2022, is approved.
GSP57/21 Schedule of Meetings – 2021/2022
The Lead Democratic Services and Improvement Officer presented the above report, a copy of which had previously been circulated. She advised that the purpose of the report was to seek Elected Members’ approval for the proposed schedule of meetings for 2021/2022, as set out in Appendix 1.
The Committee
27 Page 101 Recommended that the Meetings Schedule for 2021/2022, as set out in Appendix 1, is adopted.
GSP58/21 Remote Working Policy
The Lead Human Resources Officer presented the above report, a copy of which had previously been circulated. She advised that the purpose of the report was to update Members on how Council plan to progress a Remote Working Policy and to seek endorsement on the approach outlined.
Councillor Doyle welcomed the report which he felt would be welcomed by staff, subject to agreement with trade unions. He referred to discussions which had taken place as part of the City Deal, regarding the possible relocation of the Council Offices. He suggested that the possible introduction of such a Policy, would surely negate the need for office accommodation of a similar capacity to the existing Strand Road building. This would of course cost less, resulting in monies which could be assigned to other much needed projects. He referred to the potential benefits of a Remote Working Policy in terms of feeding into Council’s Capital Investment Projects.
Alderman McCready welcomed the report and endorsed the recommendation contained therein. He said the issue raised by Councillor Doyle should be fundamental within this approach given the associated implications. He referred to the culture change in all sectors introduced by the Covid pandemic as a result of which a hybrid environment would become part of our future working arrangements. Having an agreed Policy would outline the framework in terms of operational delivery in going forward. He welcomed the proposed approach and to feedback to Members particularly in regards to those issues relating specifically to the City Deal as outlined by Councillor Doyle in regards to future requirements and capacity for office accommodation.
The Chief Executive welcomed Members’ comments. He said the potential office space which Council may require in going forward was an absolute driver for the report and one of the main reasons for presenting the report to Members. He said the proposals were being considered for a number of reasons, namely, the benefit to employees in terms of offering flexible working arrangements and to inform Council’s accommodation needs in going forward. He said there was of
28 Page 102 course the narrative that all organisations would downsize in terms of their accommodation requirements. He stated that prior to the pandemic Council had required a radical increase in accommodation. He suspected that whilst additional accommodation would still be required in the future, this would not be as considerable as had previously been anticipated. He said it was being proposed that this work was undertaken, partly, to understand that accommodation need.
The Chief Executive stated that there were a range of issues in regards to the Strand Road Offices in Derry and the Derry Road Offices in Strabane which would drive the decision. This would most notably be the issue to stimulate wider regeneration. He said discussions were also ongoing with central government in regards to their accommodation needs and the possibility of co-locating with other functions.
The Chief Executive reiterated that this Policy would most definitely inform Council’s needs in going forward and it was anticipated that this exercise would be conducted and concluded in a timely manner in parallel with developing those proposals. He looked forward to updating Members in the near future in regards to progress on this Policy and how it might inform future accommodation needs.
The Committee
Recommended that Members endorse the approach outlined in the report and further updates will be provided in due course.
GSP59/21 Carnegie UK Trust – Embedding Wellbeing in Northern Ireland Project Draft Recommendations
The Strategic Business Manager presented the above report, a copy of which had previously been circulated. She advised that the purpose of the report was to seek Members’ endorsement of the Carnegie UK Trust’s (CUKT) ‘Embedding Wellbeing in Northern Ireland’ emerging draft recommendations and to issue correspondence to the Communities Minister regarding same.
Following some discussion, the Committee
Recommended that Members endorse the draft recommendations made by the Carnegie
29 Page 103 UK Trust detailed herein and to issue correspondence to the Communities Minister regarding same. Open for Information
GSP60/21 Update on Strategic Growth Partnership – March 2021
The Strategic Business Manager presented the above report, a copy of which had previously been circulated. She advised that the purpose of the report was to provide Members with an update on the most recent meeting of the Derry City and Strabane District Strategic Growth Partnership (Community Planning Partnership) – held virtually on Thursday 4 March 2021.
Members noted the content of the report.
GSP61/21 North West Regional Development Group
The Strategic Business Manager presented the above report, a copy of which had previously been circulated. She stated that the purpose of the report was to provide Members with an update on the progress of the North West Regional Development Group.
Members noted the content of the report.
GSP62/21 Press Office Media Evaluation Report for City Deal Heads of Term Event on 24 February
The Communications Officer presented the above report, a copy of which had previously been circulated. She stated that the purpose of the report was to provide Members of the Governance and Strategic Planning Committee with a copy of the Council’s Corporate Communications Press Officer media evaluation report relating to the recent City Deal Heads of Terms Announcement event that was held virtually in the Guildhall on 24 February 2011.
Members noted the content of the report.
GSP63/21 Northern Ireland Housing Council Update
The Lead Democratic Services and Improvement Officer presented the above report, a copy of which had previously been circulated. She
30 Page 104 advised that the purpose of the report was to provide Members with the most recent Housing Bulletin.
Members noted the content of the report.
GSP64/21 NILGA Update
The Strategic Business Manager presented the above report, a copy of which had previously been circulated. She advised that the purpose of the report was to provide Members with an update on:
- The key outcomes notes of the meetings of the NILGA Office Bearers held from 23 February – 16 March 2021 - A copy of NILGA’s response to the Programme for Government Outcomes Framework - Local Government side preparations for the Partnership Panel meeting scheduled to take place on 21 April 2021
Members noted the content of the report.
The Meeting then went into Confidential Business
31 Page 105 This page is intentionally left blank Agenda Item 8d
Derry City and Strabane District Council
Open Minutes of the Special Meeting of the Health and Community Committee held remotely on Wednesday 31 March 2021 at 4.00pm. ______
Present: - Alderman Guy (Chair); Aldermen Devenney, Warke; Councillor R Barr, Duffy, Edwards, Farrell, Ferguson, Harkin, Logue, McHugh, Mooney and Reilly.
Non-members of Committee:- Aldermen Hussey, Kerrigan, McClintock; Councillor Donnelly, Durkan, Kelly and O’Neill.
In Attendance: - Director of Health and Community (Mrs K McFarland), Head of Health and Community Wellbeing (Mr S Donaghy), Lead Legal Services Officer (Mr P Kingston), Lead Democratic Services and Improvement Officer (Ms E Cavanagh), PA to Health and Community Director (Mrs L Shields) and Committee Services Assistant (Mrs J Short). ______
SHC01/21 Notice and Summons for Meeting
The Director of Health and Community read the Notice and Summons for the Meeting.
SHC02/21 Members Attendance and Apologies
The Director of Health and Community recorded Member attendance.
SHC03/21 Statement for Remote Meetings
The Chair read the statement for remote meetings.
SHC04/21 Declarations of Members’ Interests
Councillor Ferguson declared an interest as a Member of CWU. Councillor Duffy and Harkin declared an interest as a Member of UNISON.
Page 107
Open for Decision
SHC05/21 Chairperson’s Business
There was no Chairperson’s Business.
SHC06/21 Subsequent to the Council Motions (Minute Ref C325/20 and C106/21), the following bodies presented on the current challenges and concerns:
The Chair noted apologies given by the following representatives, who were unable to attend the meeting:
. Mr Charlie Kelly, CWU (Postal Workers) . Ms Grian Ní Dhamhn, Queens Student Union (President) . Mr Danny Lyttle, North West Regional College (Students Union/Student Engagement)
The Chair welcomed the representation from the local Trade Union activists in partnership with the Trade Union Council and representatives from the Students Union. He reminded them that due to the high number of presenters that they were allocated a time limit of 3 minutes each for their presentation, after which Members would be given the opportunity to comment or seek points of clarification if they so wished.
Mr Niall McCarroll, Derry Trade Union Council
Mr McCarroll firstly took the opportunity on behalf of the Trade Union Members to thank the Council Officials for making this event possible. He stated that the majority of their Members were front line workers on a low wage and were perceived as unskilled by the public and various stakeholders. He added that this type of meeting was important to give the workers a voice and was aspirational in terms of Council becoming an advocate for local workers in going forward.
Mr Kieran Smyth, USDAW (Retail Sector)
Mr Smyth stated that since the pandemic crisis retail workers were now perceived as frontline workers. He requested Council to support
Page 108 the campaign for a New Deal for workers to incorporate the following demands:
Minimum wage of £10.00 per hour Minimum contract of 16 hours Zero-hour contracts to be banished Statutory sick-pay allowance Trade Union Membership to be recognised in the workplace
Mr Andrew Doherty, RCN (Health Sector/Nurses)
Mr Doherty represented the RCN, Northern Ireland Board. He referred to his career as a Nurse based at Altnagelvin Hospital for the previous 11 years and during the Covid-19 pandemic had provided a patient facing service. He spoke on behalf of his nursing colleagues who worked tirelessly throughout the pandemic to provide intimate nursing care, despite having to endure the constant pressures associated with the wearing of PPE and no breaks throughout their shifts. He also referred to the emotional stress endured by the nursing staff, which had an overwhelming negative impact on their mental health.
He requested Council support for the campaign by the RCN in requesting the UK government to meet their demand for a 12.5% pay rise.
Ms Saoirse Fanning, UNISON (Community and Voluntary Sector)
Ms Fanning referred to the significant effect that the Covid-19 pandemic had on the Community and Voluntary Sectors, despite the care and support the workers provided to the most vulnerable in society. She stated that UNISON had launched a campaign for the Department for Communities to make a £500 recognition payment to all workers in the Community and Voluntary sector in Northern Ireland.
She referred to the following demands from UNISON to those Employers within the Community and Voluntary Sector and asked for Council support with the following:
Statutory Sick Pay negotiation Exclusion of voluntary sector from the payment scheme Pregnant staff to be treated fairly
Page 109 Mr Gareth Moore, AEGIS (Financial Sector)
Mr Moore represented AEGIS the Union, which looked after workers’ rights in the financial sector and had a recognition agreement with employers. He stated that throughout the pandemic crisis the financial sector was deemed as essential workers and the Union engaged with employers to ensure that the workers were permitted to work from home, however they were heavily monitored and scrutinised by their employers despite low wages.
He requested Council to support the AEGIS campaign for fair pay across the Derry City and Strabane District Council area and for all workers to be encouraged to join the Trade Union.
Ms Caroline McDermott, UNISON (Education Sector)
Ms McDermott introduced herself as a Member of the Derry Trade Union Council and the UNISON (Derry Branch). She spoke on a personal capacity and explained that she was employed as a Classroom Assistant in a local Primary School. She referred to the impact of the pandemic crisis on all employees in the educational sector and the fact that staff had to literally adapt to a whole new way of working when remote learning was introduced.
She stated that no allowances were paid to support staff in the education sector who were forced to work from home, despite the fact that they were the lower paid workers. She expressed concern that those staff who had to remain in the workplace had to battle for basic PPE and social distancing was removed. She said that Members felt vulnerable in the workplace and the safety and welfare of staff had suffered throughout this pandemic. She asked for Council to support their campaign that all staff be given priority.
Mr Ruaidhri OSandair, NIPSA (Civil Service)
Mr OSandair explained that he was the local NIPSA representative for the local Civil Servants. He stated that throughout the pandemic crisis the majority of their Members were not offered the opportunity to work from home due to no access to Information Technology. He said that NIPSA worked closely with Members to carry out risk assessments
Page 110 in the workplace and to ensure appropriate mitigation measures were put in place to ensure the safety of staff.
He further stated that the level of work in the benefits section in particular had increased and staff were praised for the level of work and commitment shown during these adverse circumstances. However, it was disappointing to note that no formal offer for pay award was agreed. He also referred to the public sector pay cap introduced in England and asked that Council do everything within its power to ensure that the pay cap was not introduced in Northern Ireland.
Mr Adrian Grant, University and College Union (University/Higher Education)
Mr Grant representing the University and College Union (UCU) reported that prior to the pandemic the UCU was in dispute over pay, workload, pension, gender and equality issues, however when the pandemic occurred the Members focused their efforts to ensure education was provided. He stated that the priority over the previous year was to ensure student health and safety and minimum face to face contact in the Universities. He added that the UCU managed to ensure Members contracts were extended rather than made redundant.
He stated that the issues faced currently during the pandemic were mainly in regard to massively increased workloads and the pressures associated with remote working and work/home life balance. He also referred to the further privatisation of higher education and the extension courses to private suppliers.
Mr Grant welcomed the expansion to the Magee Campus and he stated that the UCU believed there was an onus on Government to continue to provide funding. He further welcomed the opening of the Medical School. He however expressed concern of the relocation of courses from Jordanstown to Derry and the major concern that Members had in relation to having to move from Belfast to Derry and in particular those disabled workers, so the UCU was working with Members to mitigate the impact.
Page 111 In conclusion he asked for Council to support the UCU campaign for increased funding for the Further Education Colleges and an increase in pay award.
Members noted the following points of concern expressed by the Student Unions representatives;
Ms Ellen Fearon, National Union of Students/Union of Students in Ireland (President)
Ms Bethany Moore, Students Deserve Better Campaign (NUS)
Ms Collette Cassidy, Ulster University Student Union (President)
Mr Ryan Harling, Ulster University Student Union/Magee (Vice- President).
‘Students Deserve Better’ Campaign running over the previous 6 months to address issues faced by students due to the pandemic. (£500 pay award from Department for Economy). Lack of support provided to Students throughout the pandemic crisis. No access to Universal Credit or Benefits due to loss of jobs. Extortionate tuition fees and rent still to be paid by Students. Increased mental health issues amongst students. No access to wi-fi or mobile network in rural areas. Major crisis amongst Students being ignored. Students play vital role – not recognised. Lack of communication with Students Unfair increase in fees and poor student living accommodation Request for Council to support the campaign for an effective strategy post Covid recovery.
The Chair thanked the representatives for their presentations. He invited Members to comment or seek points of clarification if they so wished.
Councillor Harkin thanked all of the representatives for attending the meeting and for providing an update on their concerns, demands and issues in a concise manner. He stated that it was important for Council to provide the opportunity for the representatives to engage directly in this type of platform and he hoped that DCSDC would become a
Page 112 champion for all issues raised today. He expressed concern that the First Minister had refused to meet with the congress of Trade Unions and he hoped that from what was exposed from the meeting today, that a meeting would take place with the First Minister in the future.
The following comments/queries were raised by Members:
Queried the Workers’ Rights Social Justice Week – and sought clarity on the event. . Queried Unison’s demand in terms of the expansion of the covid vaccination for all staff within the Education Sector . Members expressed unanimous support of the removal of zero- hour contracts . Members expressed unanimous support of the concerns raised by the Trade Union representatives . Queried any discussions with the local Chamber of Commerce and employer organisations in relation to minimum 16-hour contracts. . Members expressed concern that not all students received the £500 payment award from the Department for Economy and in particular those students studying outside Northern Ireland. Employers resist the Trade Union interventions. . Expressed concern that employees had no voice in the workplace; people afraid to speak out because of risk of losing their job.
The following responses were provided by the representatives:
Worker’s Rights Social Justice Week to include the launch of a local workers survey to provide a voice for Trade Unions; the event to be themed around how to put in place legislation for worker equality. Growing risk of infection amongst Education staff due to relaxed social distancing in the classroom – this was the basis around a call for immediate vaccination programme to be initiated for support staff in close contact with children. Those pregnant workers should be offered alternative working arrangements; employers refusing to allow their staff the option
Page 113 to work from home; Trade Unions making the employer aware of their duty of care for their employees. Majority of Trade Union Members want more than 8-hour contracts; campaign for minimum of 16-hour contracts. Chamber of Commerce refused to collaborate with the Trade Unions.
Councillor Ferguson declared an interest and left the meeting.
Discussion ensued after which Councillor Harkin made the following proposal, seconded by Councillor Duffy.
Members expressed unanimous support of the proposal.
The Committee
Recommended that; i) Council fully appreciates the efforts of our shop and retail related workers who remained on the frontline throughout the pandemic – we give our full support to the USDAW ‘New Deal for Workers’ Campaign;
ii) Council considers our nurses to be health heroes and give enthusiastic backing to the RCN campaign for staff staffing and for a 12.5% wage increase;
iii) Council supports the UNISON Education demand for all education workers to be offered the Covid vaccine as a matter of urgency and supports their demand for a significant pay increase;
iv) Council gives full support to lecturers at NWRC and at all FE colleges taking action for better pay and conditions. Council will write to the FE Colleges Employers Forum and the Economy Minister conveying support for UCU demands;
Page 114 v) Council to ensure that all employers within this City and District, are following all relevant medical advice and guidelines from the Royal College of Obstetricians and Gynaecologists to ensure that pregnant workers are safe throughout their pregnancy. If alternative work can not be sourced that pregnant workers are suspended on full pay for health and safety grounds.
The meeting ended at 6.05pm.
Signed: ______
Chair
Date: ______
Page 115 This page is intentionally left blank Agenda Item 8e
Derry City and Strabane District Council
Open Minutes of the Planning Committee Meeting held remotely on Monday 12 April 2021 at 2.00pm. ______
Present: - Councillor Jackson (Chairperson), Aldermen Bresland, Kerrigan, McClintock; Councillors J Barr, J Boyle, Dobbins, Gallagher, Harkin, Kelly, McGuire, McKinney, Mellon and Mooney.
In Attendance: - Head of Planning (Ms M Fox), Head of Planning Performance and Improvement (Mr E Molloy), Lead Legal Services Officer (Mr P Kingston), Principal Planning Officers (Mrs S McCracken, Mrs A McNee, Mr P McCaughey), Senior Planning Officers (Ms S Barrett, Mrs R McMenamin, Mr C Rodgers and Mr M McCarron), Business Services Officer (Mrs L McKean), Committee Services Assistant (Mrs J Short). ______
P80/21 Notice and Summons for Meeting
The Head of Planning read the Notice and Summons for the meeting.
P81/21 Member Attendance and Apologies
The Head of Planning took the roll call and full attendance was noted.
P82/21 Statement for Remote Meetings
The Chair read the Statement for Remote Meetings.
P83/21 Declarations of Members’ Interests
There were no declarations of interest from Members.
Open for Decision
Chairperson’s Business
P84/21 Acknowledgement of the death of HRH, Prince Philip, Duke of Edinburgh
The Chair stated that he had received a request from Alderman McClintock to raise a matter under Chairperson’s business and he had agreed to her request. He invited Alderman McClintock to speak.
Page 117 Alderman McClintock referred to it being the first meeting of Council since the sad passing of HRH, Prince Philip, Duke of Edinburgh. She said that today a family was grieving and a nation and in a show of solidarity she requested that Members partake in a minute silence, as a mark of respect.
Councillor Gallagher stated that whilst he understood the personal loss of the family he disagreed with the reference to a nation in grieving. He stated that the Irish nation had experienced the loss of many lives in this country due to the establishment the Royals represented and in that regard he would not participate in the minutes silence.
The meeting was adjourned for a minute silence.
P85/21 Late Information Received
The Head of Planning referred to late information received in relation to the following planning applications listed for decision. A copy of the information was previously circulated to Members for information:
. LA11/2018/1199/F . LA11/2019/0936/F
P86/21 Request to defer Planning Application: LA11/2018/0611/F
The Chair referred to a request received from Alderman McClintock to defer the above application for one month, due to late information received. He sought the views from Members.
Alderman McClintock explained that she had made a request to defer the above application, because she was concerned that not enough time was available to the agent to review the Planning Report due to the Easter Holiday period and in the interest of transparency, she had suggested a deferral for one month.
The Head of Planning advised that she was content that sufficient time was given to all parties to review the reports that had been uploaded onto the system as per procedures in advance of the meeting today and the Agent had been informed on 1 April 2021, that the application would be presented today.
Councillor Mellon stated that whilst she had no issues in relation to a decision to defer the above application, she would have concern
Page 118 regarding the issue of consistency with similar applications and associated late information received.
The Chair concurred with the previous speaker. He added that he was concerned about setting a precedent and hence his reason for seeking the views from Members.
Discussion ensued after which it was agreed that application LA11/2018/0611/F be deferred and presented at the meeting next month.
P87/21 Applications - Deferred and Withdrawn
The Head of Planning advised that application LA11/2018/0676/F had been deferred due to new amended plans received on the day of Committee and therefore had to be deferred inorder to consider revisions, reconsult neighbours and potential statutory consultees. The application would be presented at a future meeting.
Members noted that application LA11/2018/0713/F had been withdrawn from the planning system by the applicant.
P88/21 Matters Arising from the Open Minutes of the Planning Committee Meeting held on Wednesday 3 March 2021.
There were no matters arising from the above minutes.
P89/21 Planning Applications List with Recommendation for Decision
LA11/2018/0611/F – Proposed erection of infill 6 storey residential building containing 17 no. social housing apartments (7 no. bedroom and 10 no. two bedroom) for category 1 – elderly residents at land adjacent to the north of No. 19 Northland Road, Edenballmore, Derry.
It was agreed to defer the above application to allow the agent/applicant to consider the Planning report. The application would be re-tabled for consideration by Members at the next meeting.
LA11/2018/1199/F – The proposals include the widening of existing path infrastructure at Bay Park, along Culmore Road, Culmore Point and Ardan Road to provide the 3m wide (width may vary) Greenway and the construction of a 3m wide (width may vary as shown on the drawings) shared pedestrian and cyclist Greenway Path along Coney Road, as far as Culmore Country Park to end of scheme; the greenway is a mix of shared used
Page 119 (carriageway/greenway) and new greenway path construction as shown on the drawings. Proposals also include amendments to existing road kerb alignments, new road markings and signage, drainage, and soft landscaping, new path lighting, adjustments to existing road lighting and boundary treatments as shown on drawings.
The greenway commences on Bay Road (north of Bay Road Business Park) and continues along the eastern boundary of Bay Park crosses under Madams Bank Road onto Culmore Road (through Boom Hall) continuing along Culmore Road from No. 47 to No. 128 before branching off onto Springfield Road for approximately 180m then turning right to run along the boundary of Thornhill College (approx. 54m west of Nos. 130 to 136 Culmore Road) and back onto Culmore Road north of No. 136. The route continues along Culmore Road into Culmore Village and turns onto Culmore Point Road. It branches onto Ardan Road terminating at Hollybush Primary School and continues along Coney Road to border crossing at Cannings Lane.
The Senior Planning Officer presented the above application, details of which were previously circulated to Members. An overview of the background to the application was provided and based on material consideration in line with planning policy it was recommended to approve planning permission subject to conditions as outlined within the report.
Members accepted speaking rights from Mr J Henderson and Mr D Gibbons who outlined the reasons to support approval of the application, after which Members were given the opportunity to comment or seek points of clarification if they so wished.
Councillor Dobbins commented that whilst she supported the recommendation to approve the application, she was concerned about the crossing point at the Magnet Bar. She sought clarity on the reason for the location because in her opinion it was a safety hazard for pedestrians and cyclists to use. She suggested that the cycle path be extended to the existing crossing point that operated a traffic light system.
Mr Gibbons clarified for Councillor Dobbins that to extend the cycle path to the existing crossing point would have resulted in the removal of the layby which provided parking for dwellings in the area. He
Page 120 advised that as part of the mitigation measure adequate visibility splays, signage and lighting would be provided to ensure all safety measures were addressed accordingly.
Mr Gibbons clarified for Councillor Harkin that in terms of safety there would be a single crossing point and speed humps provided at Culmore Road in particular.
Councillor McKinney requested that consideration be given towards the reduction of hedging at the Springfield Road location. Mr Henderson agreed to investigate the location from a safety perspective.
The Chair invited Members to seek clarification from the Planning Officer, if they so wished.
Councillor Mellon welcomed the proposal and commented that it was a major scheme for the area and was a good investment. She was content that the applicant had addressed every opportunity to mitigate any safety issues. She added that the scheme provided an opportunity to promote people’s health and well-being and had to be welcomed.
Councillor Mellon proposed, seconded by Councillor Dobbins that the recommendation to approve planning permission be supported, subject to the conditions as outlined within the report.
The outcome of the vote was unanimous support of the proposal.
The Committee
Resolved to support the recommendation to approve planning application LA11/2018/1199/F, subject to the conditions as outlined within the report.
LA11/2018/0676/F – Proposed residential development consisting of 4 no. detached dwellings and associated works at 12 Clooney Road, Caw Roundabout, Derry, BT47 6SY
Members agreed that the above application be deferred to allow Officers sufficient time to review the late information received. The application would be presented at a later date, following consideration of officers, consultation with the various statutory agencies and objectors.
Page 121 LA11/2019/0936/F – Erection of wind turbine on 55m tower with 52m rotor diameter (additional information received) at lands 330m South of 29 Erganagh Road, Castlederg, Co. Tyrone.
The Principal Planning Officer presented the above application, details of which were previously circulated to Members. Following all material consideration in line with planning policy it was recommended to refuse planning permission for reasons as outlined in detail within the report.
Members accepted speaking rights from Alderman Hussey, Mr Conor Foy and Mr Andrew Allen who outlined reasons to approve the application. After which they were given the opportunity to comment or seek points of clarification if they so wished.
Mr Allen clarified for Members that the application for wind turbine was because it was more powerful in comparison to existing wind turbine. He added that in terms of shadow flicker issue there was technology available whereby the turbine would switch off and the shadow flicker would be eliminated.
The PPO clarified that in terms of the economic environmental and social benefits PPS18 does have significant weight and Officers were cognisant of renewable energy projects, however as outlined within the report the proposal was contrary to policy in terms of critical views on this area of the landscape and the scale of the wind turbine was significant.
Alderman Kerrigan expressed the opinion that he was not convinced that there was an issue with viewpoint and he highlighted that no objections had been received in relation to visual impact. He further stated that the application had received cross border and cross community support.
Councillor McGuire concurred with the previous speaker. He added that in his opinion the need outweighed the cumulative impact.
Discussion ensued after which Alderman Kerrigan moved, seconded by Councillor McGuire to overturn the Officer recommendation and for approval to be granted subject to standard conditions.
The outcome of the vote was unanimous support, with the exception of Councillor Gallagher who abstained from the vote.
The Committee
Page 122 Resolved to overturn the Planning Officer’s recommendation to refuse planning permission and for approval to be granted subject to standard conditions.
LA11/2018/0713/F – Erection of 6 two-bedroom apartments and 6 two bedroom dwellings with access arrangements, parking amenity space, landscaping and associated site works (12 residential units in total), Lands at 162-166 Foxhill, Derry.
Members noted that the above application was withdrawn from the planning system by the applicant.
LA11/2021/0036/F – Change of use, refurbishment, remodelling and extension of existing guard house building No .10 at Ebrington Square and minor elevational works to building No. 10A Ebrington Square to provide office accommodation incorporating meeting rooms and associated facilities at building No. 10 Ebrington Square, Ebrington, Derry.
The Senior Planning Officer presented the above application, details of which were previously circulated to Members. An overview of the background to the application was provided and based on material consideration in line with planning policy, it was recommended to approve planning permission subject to conditions as outlined within the report.
Member accepted speaking rights from Mr M Crothers, Applicant who outlined reasons to support the recommendation to approve the application.
Alderman McClintock referred to the existing office accommodation available on site and stated that whilst she welcomed the proposal, she would have preferred a more imaginative usage rather than for additional office accommodation.
Councillor Mooney proposed, seconded by Alderman McClintock that the recommendation to approve planning permission be supported, subject to conditions as outlined within the report.
The Members expressed unanimous support of the proposal.
Page 123 The Committee
Resolved to support the recommendation to approve planning application LA11/2021/0036/F, subject to conditions as outlined within the report.
LA11/2021/0037/LBC – Change of use, refurbishment, remodelling and extension of existing guard house building No. 10 at Ebrington Square and minor elevational works to building No. 10A Ebrington Square to provide office accommodation incorporating meeting rooms and associated facilities at building No. 10 Ebrington Square, Ebrington, Derry.
The Senior Planning Officer presented the above application, details of which were previously circulated to Members. An overview of the background to the application was provided and based on material consideration in line with planning policy, it was recommended to approve planning permission subject to conditions as outlined within the report.
Councillor Mooney proposed, seconded by Alderman McClintock that the recommendation to approve planning permission be supported, subject to conditions as outlined within the report.
The Members expressed unanimous support of the proposal.
The Committee
Resolved to support the recommendation to approve planning application LA11/2021/0037/LBC, subject to conditions as outlined within the report.
LA11/2020/0568/F – Proposed change of use from former Officer’s mess to office accommodation along with internal alterations, addition of lift shaft and flat roof extension at building 85 & 85a Ebrington, Limavady Road, Londonderry, BT47 6HH.
The Senior Planning Officer presented the above application, details of which were previously circulated to Members. An overview of the background to the application was provided and based on material consideration in line with planning policy, it was recommended to
Page 124 approve planning permission subject to conditions as outlined within the report.
Councillor Boyle proposed, seconded by Alderman McClintock to support the recommendation to approve the above planning application.
Members expressed unanimous support of the proposal.
The Committee
Resolved to support the recommendation to approve planning application LA11/2020/0568/F, subject to conditions as outlined within the report.
LA11/2020/0569/LBC – Proposed change of use from former officer’s mess to office accommodation along with internal alterations, addition of lift shaft and flat roof extension at Building 85 & 85a Ebrington, Limavady Road, Londonderry, BT47 6HH.
The Senior Planning Officer presented the above application, details of which were previously circulated to Members. An overview of the background to the application was provided and based on material consideration in line with planning policy, it was recommended to approve planning permission subject to conditions as outlined within the report.
Councillor Boyle proposed, seconded by Alderman McClintock to support the recommendation to approve the above planning application.
Members expressed unanimous support of the proposal.
The Committee
Resolved to support the recommendation to approve planning application LA11/2020/0569/LBC subject to conditions as outlined within the report.
Page 125 P90/21 Review of the Implementation of the Planning Act (NI)
The Head of Planning presented the above report details of which were previously circulated to Members. The purpose of the report was to advise Member that the Department for Infrastructure was currently undertaking a review of the implementation of the Planning Act (NI) (The Act) as required by section 228 of the Act. The Department is seeking views of interested parties, including Councils, by way of Calls for Evidence. (deadline for response 16 April 2021).
Councillor J Boyle welcomed the report. He agreed with the frustrations associated with the delay of applications being processed and hoped that the review would provide an opportunity to address the issues in-order to progress applications at a quicker pace. He expressed his support of a deadline date for the submission of late information. He however referred to the suggestion of DfI overseeing Council applications and felt that this would be of no benefit.
Alderman McClintock concurred with the previous speaker in relation to the involvement of the Department when dealing with Council applications. She stated that the preference would be for decisions to be made locally and suggested that only under exceptional circumstances should a decision by made by the Department. She further welcomed the suggestion of a deadline for the submission of late items, as referred to within the draft response.
The Head of Planning advised Members that the suggestion of the Department’s intervention with Council applications would only be required on occasions when Council would have a full interest in the land or if a case was outside the remit of Council. She stated that it would be at the discretion of Council should such a mechanism be required. She agreed to reword the draft response accordingly.
The Head of Planning in response to Members, further agreed to raise the suggestion of a review of Permitted Development Rights for Minerals, consideration of outline applications in context of quality of submissions and in terms of a third party appeal the implementation commencement of debate and consideration of a timeline in terms of review.
The Chair highlighted the major issue throughout the region in respect to unadopted roads and private streets and requested that this be included within the response to DfI. He stated that whilst DfI had no
Page 126 legislative control over the issue there had to be a level of accountability from the relevant statutory agency.
Councillor J Boyle proposed, seconded by Councillor Kelly that the following recommendation as outlined within the above report be agreed.
The Committee
Recommended that Council note the Report and Appendices with draft response attached and to incorporate the additional points discussed by Members at the meeting.
Open for Information
P91/21 Planning Appeals Update
The Principal Planning Officer provided an update on the list of planning appeals currently in the system. A background table showed the status of any live appeals and any decisions made since the previous meeting.
Members noted the Planning Appeals update report for information.
P92/21 List of Decisions Issued – March 2021
Members noted for information the list of decisions issued during the month of March 2021.
The meeting went into confidential business.
Page 127 This page is intentionally left blank Agenda Item 8f
Derry City and Strabane District Council
Open Minutes of the Business and Culture Committee Meeting held remotely, on Tuesday 13 April 2021 at 4.00pm. ______
Present: Councillor Farrell (Chairperson); Alderman Guy and Warke; Councillors J Barr, R Barr, Cusack, Doyle, Durkan, Farrell, Ferguson, Logue and Mellon.
Non-Committee Members: Aldermen Hussey and McClintock, Councillors J Boyle, Donnelly, Duffy and Heaney.
In Attendance: Director of Business and Culture (Mr S Gillespie), Head of Business (Mr K O’Connor), Head of Culture (Ms A McCarter) PA to Director of Business & Culture (Ms J Galloway-Doherty) and Committee Services Assistant (Miss L Bell).
______
BC61/21 Notice and Summons of Meeting
The Director of Business and Culture read the Notice and Summons for the meeting.
BC62/21 Member Attendance and Apologies
The Director of Business and Culture took the roll call. Apologies were record for Alderman Ramsey and Councillor M Boyle.
BC63/21 Statement for Remote Meetings
The Chair read the Statement for Remote Meetings.
BC64/21 Declarations of Members’ Interests
Declarations were received as follows;
Alderman Hussey declared an interest during Agenda Item 5 – Chairperson‟s Business as he was in receipt of LRSS funding.
Councillor Heaney declared an interest in Agenda Item 14.
Councillor Logue declared an Interest in Agenda Item 14.
Page 129
Open for Decision
Chairperson’s Business
BC65/21 Ineligible LRSS Funds
Councillor Doyle welcomed Councillor Heaney, a new Member of Council to the Meeting. He drew attention to the fact that 480 businesses across the province had received erroneous payments from the LRSS scheme, totalling £4.4million. He asked that businesses in the area who had received this payment be identified and offered support.
Councillor J Barr expressed his support of this suggestion.
The Director of Business and Culture commented that the publication of a list of these businesses may not be possible due to GDPR regulations. He advised that Officers would endeavour to support these businesses if they wished to contact Council directly.
Alderman Hussey declared an interest at this point as he was in receipt of LRSS funding.
The Committee
Recommended that Council Officers would attempt to ascertain how many businesses within the District have been informed by the Department for Communities they are to repay LRSS funds, make available business support to ensure those affected are aware of supports available in other schemes and present a report to a subsequent meeting of the Committee regarding this.
BC66/21 Welcome to Councillor Heaney
Page 130 The Chair welcomed Councillor Heaney to the Committee, he also conveyed his good wishes Councillor Cooper who had departed Council. He advised that Councillor Heaney, although he would be able to speak, would be unable to vote at today‟s meeting as he would not be officially nominated onto the Committee until the next meeting of Full Council.
BC67/21 Ramadan
The Chair wished all Muslims within the District a “Ramadan Mubarak”.
BC68/21 Jobstart Scheme
The Chair referred to the Jobstart scheme which had been devised by the Department of Communities, with a budget of £20 million to assist 16-24 year olds to gain work experience and enhance their employability. He impressed the importance of this within the district given the high unemployment rate, particularly within the youth sector. He queried if Council partook of this scheme and if Council promoted this to employers.
In response, the Head of Business Informed Members that employers applied to the Jobstart directly and that Council did not act as an intermediary. He continued that Council did proactively promote the scheme both through social media channels and by strategically targeting employers through Council‟s forums such as the investors forum and skills sub groups. He advised that support would be provided to help employers understand the scheme and that a workshop could be brokered in respect of this if required.
In respect to Council‟s involvement in the scheme, he informed Members that Council had been the first to introduce social clauses within contracts and the ILM program. He undertook to initiate internal talks with Human Resources to discuss how the scheme could benefit Council.
Councillor Mellon welcomed news of the scheme and expressed her support for a workshop to promote it. She highlighted the benefits to employers which would help many rebuild their businesses following the pandemic and stated she hope they would reciprocate by providing quality training and experience for the young people.
Page 131 Matters Arising from the Open Minutes of the Business and Culture Committee held on Tuesday 9 March 2021
BC69/21 Minute Reference BC45/21 Update re. Non Attendance by Department for Economy
In response to a query from the Chair, the Director of Business and Culture advised that no response had been received from the Department of Economy to date and undertook to contact Invest NI with a view to presenting to the Committee in the coming months.
BC70/21 Minute Reference BC49/21 Proposed Meeting with the Arts Council re Allocation of Funding towards Flagship Projects.
In response to a request from the Chair, the Director of Business and Culture advised that a response had not yet been received from the Arts Council and undertook to furnish this to Members once it became available.
Councillor Mellon advised that the response had been processed and would be received by Council in the near future.
BC71/20 Minute Reference BC47/21 Call for Sub-Regional Targets to be Introduced by the Department for Economy
In response to a query from Councillor Doyle, the Director of the Business and Culture explained that a response had not yet been received from the Economy Minister and undertook to update the Committee when a response was received.
BC72/21 Collaborative Resilience Programme Update
The Head of Culture presented the above report, a copy of which had been previously circulated to Members. She advised that the purpose of the report was to update Members on the status of the proposed Collaborative Resilience Programme and to seek approval for the adoption of a Memorandum of Understanding (MoU) from the Arts Council Northern Ireland enabling the transfer of funds to initiate this project.
Councillor Heaney expressed his support for the proposal. Although he was unable to vote, he welcomed the adoption of a MoU and
Page 132 commented that the £50,000 would not be the only support which the Department for Communities would provide to the Arts sector given that Martina Anderson MLA had been involved in successful meetings surrounding possible further funding.
Following questions from Alderman Hussey, the Head of Culture clarified that the Collaborative Resilience programme which was similar to a program run by Belfast City Council in conjunction with the Arts Council the past few years, was geared towards the larger cultural organisations within the District.
After further queries from Alderman Hussey regarding the eligibility of smaller cultural organisations, the Head of Culture further clarified that the scheme was aimed at larger cultural organisations which would have arts and culture within their constitution.
In response to a question from Councillor Doyle, the Head of Culture explained that there are only two „cultural‟ organisations that receive Service Level Agreements from Council, these were the Millennium Forum and the North west Carnival Initiative. She advised that the purpose of the programme was to determine collaborative resilience opportunities and she felt it would have been remising not to include them. She further explained that Council will examine ways to support other organisations such as the alley theatre but it was unlikely that financial support would be secured for an intervention there.
Councillor Durkan expressed her support of the recommendations within the report. She expressed her thanks to the Officers for this collaborative approach to support the arts sector.
Councillor R Barr joined the meeting at this point.
Councillor Mellon expressed her support of the Officer‟s recommendations and commented on her pleasing to see the building of capacity and resilience within the arts sector.
The Committee
Recommended that Council approve the adjustment to the proposed Collaborative Resilience
Page 133 Programme and to accept in principle the signing of an MoU with Arts Council Northern Ireland.
BC73/21 Access and Inclusion Programme Update
The Head of Culture presented the above report, a copy of which had been previously circulated to Members. She advised that the purpose of the report was to update Members on the status of the Department of Communities (DfC) 2020/21 Letter of Offer (LOO) relating to Council led access projects and to seek Member approval for the Access and Inclusion Coordinator role to be mainstreamed within Council. She advised that in addition to the recommendations detailed within the report she would also like to ask that Members authorise Officers to accept any Letter of Offer issued for the 21/22 access funding so that these projects could proceed promptly.
The Chair expressed concern that the projects mentioned within the report could not proceed this year, he queried the reasons for this. In terms of mainstreaming the Access and Inclusion Officer role he asked if there would be any impact to the ratepayer.
The Head of Culture explained that although Council Officers had been working extremely closely with the Department for Communities, the environment for procurement to take place had been very challenging this year due to the pandemic. She explained that for a project to proceed, DfC policy required all procurement to be completed and Officers had endeavoured to secure this against all the challenges which the pandemic had presented. She referred specifically to the project at the Alley Theatre and explained that tenders for this project had been advertised on at least three occasions with no response. She assumed that this was because contractors weren‟t as agile due the challenging environment. She advised that Officers were heartened by the fact that DfC would accept applications relating to these projects when the new application process opened. She highlighted that work on these projects had not stopped, work continued on many of the capital projects and applications were ready to be submitted once procurement was complete.
Page 134 In relation to funding for the Access and Inclusion role, the Head of Culture clarified that funding would be reallocated from a capital match budget for the role, meaning that no additional funding would be required and there would be no impact on the rates process. She explained that she felt the role was worth the investment as it had previously secured many other funding streams.
Councillor Ferguson stated she felt that the report should have been presented as two reports for the two separate issues. She expressed her support for the Access and Inclusion Coordinator role to be mainstreamed within Council and expressed disappointment that the projects could not proceed this year. She asked for detail on the Strathfoyle Play park project and the reasons why this did not proceed.
The Head of Culture responded that many of the issues faced in progressing the projects were reflective of the wider environment which the pandemic had caused. She stated that DfC would have considered this. However, DfC would have been constrained as too how they could allocate their funds.
In relation to Strathfoyle play park, she advised that she was not familiar with the background of this application and undertook to obtain information for Councillor Ferguson after the meeting. The Head of Culture stated that although she did not have the individual procurement issues for reach project to hand it was a combination of time, the pressures on business and the pandemic reducing their capacity to respond.
Councillor Mellon stated it was unfortunate that the projects did not proceed and recognised that DfC could not progress these applications into funding for the 2021/22 period. She commented that it was heartening to hear of co-working between Council and DfC and that the projects could eventually progress. She expressed her support of the Officer‟s recommendations.
In response to a query from Councillor Mellon, the Head of Culture clarified that the Access and Inclusion Coordinator role had been funded from an allocation of cultural capital which was also match funded with external funding. She clarified that this was the result of an underspend on a PHA capital project and concluded that there
Page 135 would be little impact on the capital fund. She stated she felt the re- investment of the funding would make a good return in terms the amount of funding the role would secure.
In response to an additional query from Councillor Mellon in relation to paragraph 5.2 in the report, the Head of Culture agreed to relay the details of the wider underspend within the PHA project that would be re-profiled to Councillor Mellon.
Councillor Mellon credited the resilience of Council Officers for their continued work on progress these projects in 2021/22.
The Chair summarised that the realignment of the Access and Inclusion Coordinator role within Council would reallocate capital funds to a salary, which would secure more capital funding. He asked for confirmation that the projects would go ahead this year.
The Head of Culture stated that work had not stopped on these projects and whilst she could not give any absolute guarantees given the current situation, she felt very confident that they were in the advanced stages of application.
Alderman Hussey shared the frustration of precious speakers. and He referred to the Castlederg Changing Place toilet provision project which he felt had already been commenced. He asked for responsibility to be taken for the failure to secure funding. He concurred with Councillor Ferguson that two reports should have been presented to the Committee.
Alderman Kerrigan agreed with Alderman Hussey‟s comment and queried if the Castlederg Changing Place project would be given priority given its advanced stage.
The Head of Culture replied that the application for that project would be proceeding as a priority, along with all the application which could not proceed in 2020/21.
The Committee
Recommended that (i) Council accept the revised Letter of Offer from DfC. (ii) Council approve the re-profile of
Page 136 the existing PHA LOO to enable the accessible outdoor hub project at the Alley Theatre to proceed subject to PHA approval. (iii) Council approve the proposed mainstreaming of the Access and Inclusion Coordinator role within Council. (iv) Council authorise Officers to accept immediately any Letter of Offer issued by DfC in respect of the access fund for 2021/22.
BC74/21 Faughan Valley Woodlands Sculpture
The Head of Culture presented the above report, a copy of which had been previously circulated to Members. She advised that the purpose of the report was to update Members on the proposed “Faughan Valley Woodlands Sculpture Spectacular” project being delivered by the Woodlands Trust and to seek consent for Council to be the co- applicant on the project.
The Chair welcomed the report to the Committee and thanked the Woodland trust for the opportunity to bring a £1.6 million investment to the District at no cost to Council. He highlighted the key role that woodlands have had for recreation during the lockdown period.
Alderman Guy expressed his support of the recommendation within the report and queried the location of the bridge referred to in the project.
Whilst the Head of Culture could not confirm this, she stated that she could arrange for the Woodland trust to provide a full update on the details of the project.
Alderman Warke expressed his support of the report. He stressed the importance of the maintenance of woodlands and highlighted the educational advantages of visiting these for children and young people.
Councillor Cusack expressed the appreciation of the SDLP to the woodland trust. She concurred with Alderman Warke surrounding the
Page 137 educational value of this for youth and looked forward to see the project progress.
The Committee
Recommended that Council notes the content of the report and approve Council to be the co-applicant with the Woodland Trust on the Faughan Valley Woodlands RDP Application subject to a partnership agreement.
BC75/21 Colmcille 1500 Update
The Head of Culture presented the above report, a copy of which had previously been circulated to Members. she advised that the purpose of the report was to provide an update on the Colmcille 1500 commemorative programme currently being delivered by Derry City and Strabane District Council and Donegal County Council, supported by the North West Development Fund.
The Chair recognised that Colmcille was synonymous with the City and District. He expressed his excitement to see the various aspects of the project progress and commented that the website appeared very professional.
Councillor Logue welcomed the report to the Committee and commented on her pleasing to see the Project Officer post being filled. She highlighted the importance of this anniversary for the City. She expressed concern at how many groups had applied for funding and asked that any additional funding which became available be used for events that had been applied for, given the nature of the project as a whole. She expressed her hope that they might be some face to face events if possible.
Councillor Doyle expressed his support of the recommendations within the report. He queried if there was scope for face to face events if cultural centres are allowed to open in the near future. He expressed concern that he had not identified any physical marketing for project events throughout the City other than on the website. He identified
Page 138 that the project had international partners and suggested informing the executive offices of America and China of the events so tourism could be attracted if travel restrictions are lifted.
In response to a query from Alderman Hussey, the Head of Culture advised that the early stages of the project had been discussed by a broad steering group which was led by the Churches Trust. She explained that the group had now migrated into the Steering Committee for the projects and that all main Christian churches were involved in this group. She clarified that part of the role of the Project Officer was to coordinate the activity of all the partners including the churches.
The Chair informed Members that a 1500-year anniversary was termed a Sequimillenial anniversary.
Alderman Warke welcomed the report and advised Member that this year was also the Centenary of Northern Ireland.
The Committee
Recommended that Council note the content of the report and approve the allocation of additional funding to the reserve applicants from the grant aid applications.
BC76/21 Cultural Grant Aid Results 2020/21
The Head of Culture presented the above report, a copy of which had been previously circulated to Members. She advised that the purpose of the report was to secure Member approval for the allocation of funding for Culture Grant Aid programmes including Cultural Organisations, Heritage Animation, Access Programme for Cultural Organisations, Headline Events, Community Festivals, Artist and Cultural Practitioner Award and Decade of Centuries Fund 2021/2022.
The Chair expressed his support for the recommendation within the report and stated that the £3/4 million figure demonstrated the support of Council for the Culture sector. He emphasised the
Page 139 importance of supporting the sector and protecting jobs from the impact of the pandemic. He recognised that DfC did not fund the community festival budget in the last financial year and asked for clarity on this year‟s funding.
The Head of Culture responded that communication had not yet been received regarding this, although she would not expect to receive this until later in the year. She undertook to furnish the Committee with the response when received.
Councillor Logue thanked the Officers for the report and expressed her support of the Officer‟s recommendations. She commented that she was pleased to see so many groups had applied for the funding. She proposed to accept the Officer‟s recommendation and also suggested that Council provide funds to fill the shortfall in available Grant aid funds which had been specified in paragraph 3.1 of the report.
Councillor Doyle welcomes the report and expressed his support of the recommendations.
Alderman Hussey praised the tremendous input into the Culture sector and queried if anonymity was appropriate at this stage.
The Head of Culture replied that the whilst information contained within the report was not secret, she felt anonymity was appropriate at this stage in order to give Officers time to notify successful and unsuccessful applicants in a dignified manner. She advised that Members could be furnished with the details of awards once this had been done.
Alderman Hussey advised that he would appreciate this information.
Alderman Warke commented that he welcomed funding being provided to all groups and queried if these items could be discussed in confidential business in the future.
The Chair responded that this process had been anonymous in the previous year, with Officers happy to provide details to Members individually if requested.
Alderman Warke stated he was aware that the steering group would have been previously notified, but he felt that discussion in confidential
Page 140 business would be more appropriate as Members should be aware of the receivers of the funding when discussing this.
The Chair reminded Members that they could request this information from Officers.
Councillor Mellon expressed concerns that some Members needed to know the names of the groups before approving the recommendations. She stated that discussing this in confidential business would give the impression that Members did not trust the process which had been followed. She advised that she felt the keeping the names of recipients anonymous was appropriate in terms of transparency and accountability.
Alderman Guy concurred that anonymity was appropriate. He commented that whilst he had missed the steering group meeting, he felt that the 3-year award from the Cultural Organisation fund was appropriate. He requested that support be given by Council to unsuccessful applicant to signpost them to alternative funding streams.
In response to a query from Councillor Donnelly, the Director of Business and Cultural advised that the information would be made available to Members individually before the Full Council meeting. He advised that the purpose of making the identity of groups anonymous was to enable discussion within open business, he did not feel that it would be justified to discuss the matter confidentially. He informed Members that the process at Full Council would be to approve the minutes of the meeting today therefore detail would not be included in the Agenda papers for the Full Council meeting.
The Head of Culture instructed Members that she would circulate to them, a full copy of all the spreadsheets relating to the Cultural Grant Aid results before the Full Council meeting. She advised that the purpose of this was to give Members time to review results and bring any queries to Officers directly and ensure the integrity of the process could be maintained.
In response to a question from Alderman Hussey, the Head of Culture clarified whilst there was no appeasl process, if unsuccessful applicants had an issue the appropriate course of action would be to commence
Page 141 the compliant process. She instructed that Officers would happily review any issues which were highlight through this. She advised that Members could request to see particular applications if necessary and feedback and support could be provided to unsuccessful applicants.
The Committee
Recommended that (i) Council approve the proposed award allocation outlined within the report for Cultural Organisations including an increase in the total award to Arts Organisations from £192,000 to £195,303 for each of the three years of this funding cycle, to be drawn firm Member approved budgets. (ii) Council approve the proposed award allocation outlined in the report for the Heritage Animation Programme. (iii) Council approve the proposed award allocation outlined in the report for the Access Programme. (iv) Council approve the proposed award allocation outlined in the report for Headline events. (v) Council approve the proposed award allocation as outlined within the report for Community Festival Events. (vi) Council approve the proposed award allocation as outlined within the report for the Artist and Practitioner Fund including an increase in the total award from £16,000 to £24.000 to be drawn from Member approved budgets. (vii) Council approve the proposed award location outlined
Page 142 in the report for the Decade of Centenaries Fund.
BC77/21 Future Delivery Options for Parking Services
The Head of Business presented the above report, a copy of which had been previously circulated to Members. He advised that the purpose of the report was to seek Members approval to advise the Department for Infrastructure (DfI) of the intention to progress options outside of the current Agency Agreement with regard to the future service delivery of the Off-street Parking Enforcement Contract and in doing so provide authority for Derry City and Strabane District Council to jointly engage in the collaborative appointment and shared costs of an appropriate consultant to assist the Regional Off-Street Parking Group (ROSPG).
Councillor Doyle expressed shock regarding paragraph 3.3 within the report which stated that DfI had indicated it would want Council to enter into a new agreement prior to tendering the service and before any estimate of future costs from the new agreement. He recognised the complexity of the item and queried both the timeline to agree and the implication of bringing the service in-house.
The Head of Business clarified that the reason behind this was that the tendering process could take between 6 to 12 months and DfI would need to understand the level of agreement from Councils before incurring related costs. He advised that Council had around a year to examine all the options, the key issues being delivering a value for money, world class service to the ratepayer.
Councillor Doyle commented that he would appreciated a scoping exercise be carried out before making a decision. He stated that in his experience multi-Council agreements often had different impacts for each Council. He highlighted the number of car parks in the District area and asked if a further report could be presented to the Committee on this issue.
The Head of Business instructed that Council would need to indicate if they intended to examine a tendering exercise to DfI before the end of April 2021. He reminded Members that the working groups had investigated the advantages and disadvantages of all the issues and
Page 143 presented a number of different report at SOLIS level and across the Councils involved. He assured Members that because of its large estate of car parks, DCSDC were an important element within the multi- council group and that testing the market gave no obligations.
In response to a query from Alderman Hussey, the Head of Business clarified that the report purely encompassed the issue of enforcement contracts. He advised that Council had a separate budget for the maintenance of car parks and that if the proposed car park in Newtownstewart which Alderman Hussey had referred to was a paid car park then the recommendations would cover the enforcement of that.
Alderman Hussey stated that the issue was not to get a paid car park in Newtownstewart, but to get a car park.
After a question from Councillor R Barr, the Head of Business Informed Members that the Off-street Car Parking Order had to be followed by Council. However, Council had the authority to set its own prices and decide where to charge for parking. He detailed that the issue was the ability to collect enforcements and enforce against breaches of the law.
Councillor R Barr expressed his support of the recommendations within the report.
Following a query from Councillor Doyle the Head of Business clarified that appeals to parking enforcements were received and processed by DfI.
The Committee
Recommended That (i) Council officially inform DfI of its intention to test the market and seek service delivery options outside if the current Agency Agreement for Off- Street Parking services post October 2022. (ii) Council inform ROSPG that as a sitting Member of the group it has the authority to collaboratively engage in the
Page 144 appointment and shared costs of professional services to inform the specification, necessary legal advice and tender documentation processes to invite renders form service delivery providers from all aspects of the Off-street Parking Services contract.
BC78/21 Strabane Business Improvement District (BID)
The Head of Business presented the above report, a copy of which had been previously circulated to Members. He advised that the purpose of the report was to recommend Members approve Council‟s consent to holding a renewal ballot with the purpose of securing a second five- year term for Strabane BID.
Councillor J Barr expressed his support of the Officers‟ recommendations and praised the work carried out by Strabane Business Improvement District.
Councillor Doyle concurred.
The Committee
Recommended that Council holds a renewal ballot on behalf of Strabane BID and to agree that eh body to be used is CIVICA.
BC79/21 ESF Match Funded Projects – End of Year 3 Report
The Head of Business presented the above report, a copy of which had been previously circulated to Members. He advised that the purpose of the report was to provide Members with an end of year 3 report (April 2020 – March 2021) on five ESF projects which are match funded by Council to deliver services to those who are unemployed/economically inactive, to agree match funding at the same rate for the existing five project for year 4 and to note the possible extension of ESF into year 5 and thereafter a further match funding request to Council.
Page 145 Councillor Heaney declared a pecuniary interest as he was the Programme Manager of Triax Skills North West. He stated he was happy to leave the meeting.
The Director of Business and Culture decided that this was not necessary given that Councillor Heaney was not yet officially a Member of the Committee.
Councillor Logue declared an interest on this item as she was a board Member of Triax.
The Chair recognised the synergies between this Agenda Item and the Jobstart project which he had mentioned during Chairperson‟s business. He asked for information on future funding of these projects given the implications of Brexit.
The Head of Business informed Members that the Department of Communities had secured funding to extend these projects into year 5. In regards to more medium term measures, he advised that the UK government‟s levelling up fund and New Communities funds had been launched and would provide some certainty for the next 12 – 18 months. He further advised that these were a pre-cursor to the UK Shared Prosperity fund which had been touted as an alternative funding source for EU funded programmes, although he stated he did not know the detail of any budgetary allocations of this. He advised that Council had lobbied heavily to UK Shared Prosperity and PEACE Plus in terms of the need for these programmes in the District given the current unemployment figures.
In response to a query from Councillor Doyle regarding paragraph 3.4 in the report, the Head of Business explained that the rules surrounding funding specified that the training must be directed up to and including Nation Qualifications Framework Level 1. He informed Members that when writing a response to the ESF programme in 2015 Council had been very robust about the need to offer qualifications beyond level 1.
Councillor Mellon commented that in her experience some learners needed an introduction at a lower level to reintroduce them into the learning environment. She concurred with the requirement to provide
Page 146 qualification above NQF level 1 but recognised that lower level qualifications provided a good gateway into higher level qualifications.
Alderman Hussey praised the programmes, particularly the Skills 2020 programme who exceeded their targets.
In response to a request from Alderman Hussey, the Head of Business undertook to update Members with information regarding which DEA‟s the learners who attended the courses were from, provided consent had been gained to share this information.
Councillor Heaney commented that the funding which had been indicated to be provided by the UK Shared Prosperity fund would fall very short in terms of comparison with the amount of funding with had previously been funded by the EU.
The Chair informed Members that as he had previous wished well to Muslims who were celebrating Ramadan during Chairperson‟s business, he felt it was appropriate to also wish the Sikh community a happy Vaisakhi.
The Committee
Recommended that Council approve the continuation of match funding into year 4, the final year to support Skills NW, the Women’s Centre, USEL, TCV and Job Directions.
Open for Information
BC80/21 Museum Service Programme 2021-22
The Head of Culture presented the above report a copy of which had been previously circulated to Members. She advised that the purpose of the report was to update Members on the work of the Museum Service for 2020-21 and present the programme for the Museum Service for 2021-22.
The Committee
Page 147 Recommended that Council note the content of the report.
BC81/21 TIDE Project Progress Report
The Head of Culture presented the above report, a copy of which had been previously circulated to Members. She advised that the purpose of the report was to inform Members of the progress of the TIDE project funded by INTEREG Europe.
The Chair praised the progress of the project and expressed his excitement on the virtual reality aspect of the project. He further expressed his eagerness to read the report which would be brought to the subsequent meeting of the Committee on the timeline of the development of the maritime museum.
The Committee
Recommended that Council note the content of the report.
BC82/21 PEACE IV Independent Evaluation Appointment
The Head of Business presented the above report, a copy of which had been previously circulated to Members. He advised that the purpose of the report was to update Members on the PEACE IV Programme and the PEACE Plus Programme.
The Committee
Recommended that Council note the progress on moving to close PEACE IV and the update on PEACE Plus with the public opportunity for anyone who wished to input into the SEUPB next phase of consultation.
BC83/21 Business Innovation and Growth Programme
The Head of Business presented the above report, a copy of which had been previously circulated to Members, he advised that the purpose of the report was to provide Members with a progress update on the
Page 148 Business Innovation and Growth Programme (BIG) up to 24 March 2021.
The Committee
Recommended that Council note the content of the report.
BC84/21 Enterprise Week 2021- LevelUP
The Head of Business presented the above report, a copy of which had been previously circulated to Members. He advised that the purpose of the report was to provide Members with an update on the LevelUP Event to take place during Enterprise Week 2021.
Councillor Duffy gave praise to this excellent programme of events which had an impressive panel of speakers. She queried if Council held a database of the details of local small and independent traders and how information was being relayed to small traders as she had spoken to some who felt they had missed out on previous opportunities. She further queried the process and criteria that Council followed to choose which small businesses they promoted during enterprise week.
In response the Head of Business explained that as a result of new GDPR regulations, all databases of small business owners had been wiped and re-built due to a requirement to gain the consent of the business owners to be added to the database. He advised that business owners could register on the Council website to be added to this database. He also specified that there was a requirement for Council to re-gain consent of business owners every 12 months and if owners did not grant this they would be removed from the database. He further commented that social media and billboards were used to try to reach businesses beyond the database and circulate information as widely as possible.
With respect to promoting small businesses he explained that during a recent campaign regarding Covid recovery, Officers asked business owners if they wished to be featured. He continued that any business that had responded that they would like to be featured was featured. He stated that Council endeavoured to be as inclusive as possible and
Page 149 encouraged Members to refer any business owner to wished to be involved to himself and the business team.
Councillor Duffy thanked Officers for the information and stated that the business owners were interested in engaging with Council. She undertook to circulate the information to the business owners who had raised issues.
Alderman Hussey concurred with Councillor Duffy‟s comments and stated that the SME sector was the core of the business community. He stated he felt Officers could do more to reach our directly to businesses rather than waiting for business to contact Council.
The Committee
Recommended that Council note the content of the report.
The Committee went into Confidential Business.
Page 150 Agenda Item 8g
Derry City and Strabane District Council
Open Minutes of the Environment and Regeneration Committee held remotely on Wednesday 14 April 2021 at 4.00pm
______
Present:- Alderman Devenney (in the Chair), Aldermen Hussey, McCready; Councillors J Boyle, Burke, Carr, Durkan, Edwards, Fleming, Jackson, McHugh and O’Neill.
In Attendance:- Director of Environment and Regeneration (Mrs K Phillips), Head of Environment (Mr C Canning), Head of Capital Development and Building Control (Mr F Morrison), Regeneration Manager (Mr T Monaghan) and Committee Services Assistant (Ms N Meehan).
Non-Member of Committee – Councillors J Barr, Duffy and Kelly. ______
ER97/21 Notice and Summons of Meeting
The Director of Environment and Regeneration read the Notice and Summons for the Meeting.
ER98/21 Member Attendance and Apologies
The Director of Environment and Regeneration took the roll call and recorded an apology from Alderman Ramsey.
ER99/21 Statement of Remote Meeting
The Director of Environment and Regeneration read the Statement for a Remote Meeting.
ER100/21 Declaration of Members’ Interests
Item 12 – Zero Waste Europe Pilot Accreditation Programme – Councillor O’Neill Item 24 – Castlederg Greenway – Easement with St Eugene’s GAC – Councillor McHugh Non-Pecuniary
Open for Decision
1 Page 151 Chairperson’s Business
ER101/21 Condolences
The Chairperson expressed his condolences to Her Majesty Queen Elizabeth II on the death of her husband Prince Philip The Duke of Edinburgh who sadly passed away at the weekend.
ER102/21 Proposed Asphalt Plant in South Inishowen, Donegal
Councillor Duffy referred to the proposed Asphalt Plant in South Inishowen in Donegal, the decision in respect of which she acknowledged was a for Donegal County Council. However, she felt as an elected representative of Ballyarnett and a resident of the area, which was approximately five miles from the proposed site of the Plant, it was important to acknowledge that an application for the proposed Plant had been lodged. She accepted that the planning process was entirely independent but reiterated the need to express the concerns of Council and residents of Ballyarnett regarding the proposed development.
She expressed disappointment at the fact that the application had not been classed as a trans-boundary application and therefore Council had not been consulted on the matter. She stated that the residents who had been in contact with her had raised very genuine concerns regarding fumes and carcinogenic emissions from this site and these would not be border controlled. She felt Council must support these concerns.
Councillor Duffy commended those involved in the campaign opposing the Plant on their dedication, albeit this was a complicated process. She also applauded the efforts of her Party colleague, Terry Crossan, who had been working closely with local residents on this issue. On behalf of the residents of the Ballyarnett District and the campaign group she emphasised that the people in the North did have the ability and the right to object to the Plant. However, she pointed out that time was of the essence as the closing date for the submission of objections was 23 April 2021. She referred to the need to make those residents within this Council area who with objections to the Plant aware that the objection process was now open but would close on 23 April 2021 and to submit their objections as soon as possible.
2 Page 152 Councillor Dobbins agreed with the sentiments expressed by Councillor Duffy. She stated that as an elected representative of Ballyarnett and a resident of Culmore she had, as had other Members, been inundated with concerns from local residents regarding the impact of the Plant. She referred to the fact that the objection process was open until 23rd April through which residents could submit their objections to the Plant. She enquired as to what powers Council had in regards to objecting to this Plant given the impact it would have on areas close to the border with South Inishowen. She stated that given Council’s environment and climate policies it would appear somewhat counterintuitive that Council was being expected to accept, without question, such a proposal and the implications thereof for this Council area.
The Lead Legal Services pointed out that authority regarding a decision on this matter was not delegated to this Committee. He stated that any response from Council in relation to this matter would require Council authority which would not be forthcoming until the Council Meeting scheduled for Thursday 29 April. However, it would be possible to carry out some preparatory work in terms of preparing a response in the interim in order that the matter could be progressed directly when Council authority had been granted to proceed.
Councillor Dobbins acknowledged that any proposal made by the Committee would require ratification by Council. She therefore suggested that Council begin the preparatory work in terms of obtaining information in regards to this Council area and thereby affording the residents living within the periphery of the border area reassurances that Council was working on their behalf.
Councillor Boyle said he was cognisant of some of the trans-boundary planning applications involved in the planning process. He enquired why it would have been felt that this proposed development would not be considered as a trans-boundary application and thereby referred to this Council’s Planning Committee for consideration.
The Lead Legal Services Officer said he was unable to indicate why this would not have been considered to be trans-boundary as he was not familiar with the specific details in regards to the application.
Councillor Boyle referred to the need to ascertain why this application had not been considered trans-boundary and why this Council, as a neighbouring district, would not have been consulted. He expressed
3 Page 153 his support for the comments expressed by Councillors Duffy and Dobbins.
Councillor Jackson expressed his support for the proposal to write to Donegal County Council objecting to the application for the proposed Asphalt Plant. He also agreed that in the meantime Council write to Donegal County Council indicating its intent to submit its objections to the application.
Councillor Dobbins Proposed, Seconded by Councillor Boyle
That Preparatory work be commenced to bring to full Council for ratification regarding the information from Donegal County Council regarding the Asphalt application
The Chairperson welcomed Councillor O’Neill to the Committee and looked forward to her input. Councillor O’Neill had replaced Councillor McCann who had retired the previous month.
Councillor O’Neill expressed her support for the proposal to object to the application for the Asphalt Plant. She suggested that representatives from the group campaigning against this Plant be invited to address Committee in regards to their campaign.
Councillor O’Neill Proposed, Seconded by Councillor Boyle
That representatives from the campaign group opposing the planning application for the Asphalt Plant in Donegal be invited to address a future Meeting of Committee on their campaign.
In regards to the proposal put forward by Councillor Dobbins, Alderman McCready sought clarification on whether this was taking Council’s corporate position to oppose a planning application in Donegal. He felt that good relations existed between this Council and Donegal County Council and surely the required lines of communication already existed and were at the disposal of Officers without the need for a Motion to be put forward. He stated that any preparatory work relating to a proposal agreed by Committee which required ratification by Council, would not have been ratified.
4 Page 154 Therefore, Council Officers would not be authorised to act in any means aside from communication and obtaining information.
Alderman McCready stated that, whilst appreciating that fumes did not recognise boundaries, he felt it was important that Council respected the policies, procedures and constitution of Donegal County Council and suggested that any action taken by Council was done in partnership with them.
The Lead Legal Services Officer pointed out Officers did not require a proposal to carry out preparatory works. He referred to the need for clarity in regards to the purpose and objective of any preparatory works being carried out. He assumed, from the debate which had taken place that Council was being asked to adopt a corporate position to lodge an objection to this application with Donegal County Council.
The Lead Legal Services Officer suggested that Councillor O’Neill’s additional proposal be taken separately pointing out that, if the two were linked, it would impact on the timeframe on which this could be actioned by Council.
Councillor Duffy welcomed the proposal to invite representatives from the campaign grouping opposing the application to address Committee. However, this would be after the closing date for the submission of objections to the application.
Subsequently the Committee
Recommended that Council write to Donegal Country Council to object to the planning application for an Asphalt Plant.
The Committee further
Recommended that representatives from the campaign group opposing the planning application for the Asphalt Plant in Donegal be invited to address a future Meeting of Committee on their campaign.
Matters Arising from Open Minutes of the Environment and Regeneration Committee held on Wednesday 10 March 2002
5 Page 155 ER103/21 Firmus Energy (ER69/21)
In regards to a matter of accuracy, the Chairperson pointed out that the above Minute stated that oil prices had marginally increased during the past six months, he had stated that oil prices had increased by £50-£60 per 500 litres during the past six months. This would be noted.
ER104/21 Delegated Authority - Minor Works (ER74/21)
Councillor Edwards requested an update in regards to the Sion Mills River Walkway which had been in a state of disrepair for a considerable period of time and the Fishing Peer in Newtownstewart.
In regards to the Sion Mills River Walkway, the Head of Capital Development and Building Control explained that it had not been possible for the contactor to complete works by the end of October 2020, following which there was an exclusion period for river works imposed by the Loughs Agency and the Rivers Agency until April 2021. He said the contractor had now begun setting up his compound onsite and it was anticipated that these works would begin before the end of the month.
The Head of Environment pointed out that the works had been programmed in respect of the Fishing Pier in Newtownstewart. It was now a matter of mobilising and getting onsite. He assured that the works would be completed in the near future and undertook to obtain an update from the contractor involved and advise Councillor Edwards accordingly.
ER105/21 To receive Mr A Herron, Director of Service Delivery, Playboard NI to present a Play Plan Update (ER66/21)
Councillor Fleming referred to an issue which had become apparent within the past twenty-four hours which was causing considerable concern and disappointment within the wider Strathfoyle area. He stated that at the previous days Meeting of the Business and Culture Committee Members were advised that a procurement process had not been completed on time in regards to the enhanced facilities at the existing play park in Strathfoyle. This had resulted in a possible delay in regards to this project being progressed, together with a number of other projects.
6 Page 156 He referred to the disappointment felt by the people of Strathfoyle in regards to this news and, in particular, the young people who had worked with Council Officers to fashion and position the equipment in the Park. He acknowledged that this had already been raised with Council Officers and was aware of, and welcomed, that efforts were being made to address the problem. He anticipated that any delay to this project could be avoided and that it would be delivered on time for those young people who would benefit immensely from this.
The Director of Environment and Regeneration acknowledged that this issue had been discussed at the Business and Culture Committee Meeting. She reassured Members that Officers did not feel that there would be any delay in terms of progressing this project and were working hard to avoid such a situation arising. She said she understood that a further request for a letter of offer would be submitted to DfC. However, should any issues arise in regards to this Officers would ensure that alternative provision was made for the funding in respect of this project. She reiterated that there would not be any delay in terms of this project being progressed.
The Director of Environment and Regeneration advised that a meeting had also been arranged with relevant community groups to discuss the matter and provide the reassurances in regards to the delivery of the project.
ER106/21 Mobuoy Road Update (ER76/21)
Councillor O’Neill said she understood that an update on Mobuoy Road would be included on all monthly agenda for the Environment and Regeneration Committee. She noted, however, that an update had not been included on this month’s agenda and enquired as to the current position.
She said she had been in contact with a number of the stakeholders involved who had indicated that communication with them was inadequate and meetings were not held on a regular basis. She pointed out that the last meeting was held in November 2020 and these had generally taken place on request rather than as a routine measure. The stakeholders were aggrieved by this process and would prefer regular meetings to discuss their main concerns in regard to the remediation of the site and the vision for this. She understood that this had been discussed at previous Council meetings. She said the stakeholders had queried if keeping the public informed of the
7 Page 157 communication on the vision for the remediation of the site was DAERA’s responsibility who had adopted the leading role in terms of sharing this vision.
She referred to a document produced recently by NIEA on the Faughan Groundwater Body chemical classification which had given poor chemical status for the Faughan Groundwater Body. She said she understood that NI Water were carrying out routine checks of the River Faughan given that it supplied a considerable amount of the drinking water for this Council area.
The Director of Environment stated that unfortunately due to the timing of Committee Meetings it had not been possible to include an update on the agenda for this Meeting. She pointed out that the Easter Break had occurred in the middle of the Committee deadlines and the update from DAERA had been received too late for inclusion on the agenda in respect of this Meeting. She understood that this information had since been circulated to Members of the Committee with a view to having it included with the following month’s update. She said Officers would convey to DAERA and SIB the concerns expressed by local residents and community groups in regards to the need for more transparent communication.
ER107/21 Forest Parks - Community Walkways (ER68/21)
Councillor McHugh welcomed the update in regards to the Riverside Walkway in Sion Mills and the fact that work was due to begin on site during the current month. He expressed concern that, although he had emailed Council Officers a few weeks earlier seeking an update in regards to this matter, a response had not yet been forthcoming.
He referred to the fact that Castlederg was part of the Shared Spaces Programme and the Rural Villages Programme together with the community walkways at the Castle site and the adjoining Castlederg/St Eugene’s. He pointed out that those walkways were now complete and these were due to be officially opened in the near future. He enquired as to the status of the Shared Spaces Masterplan in terms of the river banking below the Derg Bridge towards Mitchell Park. He stated that as part of the Masterplan this was also to link up with the Castle site. However, to date no work had been carried out on this part of the river banking. He referred to the fact that the Rivers Agency had cleared the entire banking and it would be in an ideal condition for works to commence on this site in terms of the provision of a walkway.
8 Page 158
The Director of Environment & Regeneration advised that she did not have an update in regards to the Castlederg Riverside Walkway at this time. However, she undertook to ascertain the current position in regards to this and present a report thereon to the Committee. She apologised that a response had not been submitted to Councillor McHugh’s request for an update in regards to Sion Mills.
ER108/21 Street Naming and Property Numbering – Request for Development Name at Limavady Road
The Head of Capital Development and Building Control presented the above report, a copy of which had previously been circulated. He advised that the purpose of the report was to gain Members’ consent to name a new development at 45 Limavady Road, Derry.
Arising out of the above matter Councillor McHugh said he understood that under the Miscellaneous Provisions (Order) 1995, that property numbers were required to be displayed. He referred to a campaign which had been carried out in regards to this in other Council areas which he also felt should be promoted by Council. He said that displaying property numbers would assist emergency services, the postal service as well as with Election canvassing.
The Chairperson referred to previous discussions which had taken place regarding this matter.
Councillor Boyle welcomed the proposal and acknowledged the benefits of displaying property numbers.
In response to a query from the Chairperson, the Director of Environment and Regeneration confirmed that there was legislation in place regarding the requirement to display property numbers.
The Committee
Recommended (i) that the new housing development at 45 Limavady Road be named Lisowen;
(ii) that Derry City and Strabane District Council undertake a campaign to promote the use of house numbering on
9 Page 159 the Council website and social media platforms.
ER109/21 Street Naming and Property Numbering – Request for Installation of Bilingual Signage
The Head of Capital Development and Building Control presented the above report, a copy of which had previously been circulated.
The Committee
Recommended that given the outcome of the plebiscite, approval be given to the erection of bilingual street signage at Belldoo, Fountain Street, Mourne Manor and The Paddock, Strabane and Hatmore Park, Derry.
ER110/21 Combination of Food and Garden Waste Collection
The Head of Environment presented the above report, a copy of which had previously been circulated. He advised that the purpose of the report was to seek Members’ approval with the regard to the extension of combining food and garden waste collections for residents across the City and District where collection arrangements allow.
Councillor Burke expressed her Party’s support for the proposal. She stated that from the report there did not appear to be any negative impact in terms of waste disposal given that, as indicated in the report contractors mix materials following collection. She also referred to the cost, environmental and logistical impact of only having one collection for both food and garden waste.
Councillor O’Neill welcomed the report and acknowledged that there was no difference in the quality of compost produced from co-mingled food and garden waste. She also welcomed the thinking behind this bespoke collection system and the practical changes involved. She referred to concerns expressed by a number of her constituents who, although they did not have a garden, had received the large brown compost bins. This had resulted in a number of these large bins having been left in alleyways unused. She enquired if monitoring was carried out in regards to the usage of these bins and if they could be reallocated to other areas.
10 Page 160
She referred to the rollout of the food waste bins but referred to a number of residents in rural areas who still did not have these bins. She enquired if it was anticipated that the rollout would be extended in the near future or if it was proposed that these areas would be included in the co-mingled collection scheme. She also enquired as to the feedback received from those areas who had participated in the pilot scheme. She enquired if the co-mingled collection would be carried out on a weekly or fortnightly basis and referred to the potential impact of leaving food waste untreated for two weeks. She referred to the weekly collection carried out in respect of the current food waste system which she felt was more desirable. She enquired if, in going forward, food waste caddies would be able to accommodate possible packaging given the increase in the production of compostable packaging. She said the technology in respect of compostable packaging was more advanced than the waste collections streams.
In regards to the rollout of the 240 litre brown compost bins, the Head of Environment explained that a number of families who did not have gardens had contacted Council and it had been possible to swap these and replace with food waste caddies. He said if people were unable to use their bin Council would be willing to remove this and reallocate it. He said that the introduction of co-mingling would enable Council to extend the scheme further and include those rural areas not yet included. He said that whilst this had been part of Council’s original plan, the introduction of co-mingling would allow this to take place sooner, as larger vehicles would be able to accommodate additional bins to be emptied during a collection.
The Head of Environment explained that where a similar system had been introduced in other Council areas there was an evident increase in the volume of materials collected and recycled through this process. He stated that there was a bounce in terms of the quantity of materials collected. This had also been evident during the pilot scheme carried out in Strabane.
The Head of Environment explained that the issue in regards to compostable packaging was in respect of treatment and not collection methods and whether the contractors were able to compost this type of waste. He stated that the Company that currently provided this service to Council were progressing in this regard and were accepting some, but not all compostable materials at this time. However, it was their ambition that they should be able to deal with all forms of
11 Page 161 compostable packaging waste including coffee cups in the future. This would therefore be considered a benefit in going forward. He also referred to a level of food waste contamination particularly on food packaging which could not currently be disposed of in a blue bin. However, in the future these could be disposed of in the co-mingled collection system and be composted and treated which was another benefit in terms of taking this forward.
The Head of Environment pointed out that Council were encouraging people to use the compostable bin liners together with the seven litre household caddies. He stated that the composting process depended on the breaking down and decomposing of the food and this would therefore not impact in any way. In regards to this and similar concerns which had been raised in the past, he pointed out that when Council was operating the black and blue collection system only, all of the food waste was contained in a black bin which was collected on a fortnightly basis. He encouraged the public to continue to use the compostable food liners which would address any odour problems and pointed out that this would not be regarded as an issue in going forward.
Councillor O’Neill enquired if any problems or drawbacks had been identified through the pilot scheme in terms of residents not leaving their bin out for collection on a regular basis.
The Head of Environment pointed out that the majority of residents favoured the larger containers which provided greater capacity. He said no problems had been experienced during the winter months in terms of bins not being left out for collection. He stated that the 240 litre bin had considerable capacity which suited a lot of families, particularly, during the winter months, when greater quantities of food waste were being accumulated.
The Committee
Recommended that approval be given to plans to combine food and garden waste collections, where possible.
ER111/21 Covenant of Mayors – Peer to Peer Learning Programme and Signatory Application
The Director of Environment and Regeneration presented the above report a copy of which had previously been circulated. She pointed out
12 Page 162 that the purpose of the report was to advise Members on a joint submission with Donegal County Council to join the Covenant of Mayors Peer to Peer Learning Programme. This compliments existing collaborative climate action initiatives and the emerging North West Climate Action Plan.
The Director of Environment and Regeneration said it was also hoped to seek Members’ approval to progress the Covenant of Mayors for Climate and Energy Europe signatory initiative. This supported the Climate Emergency Declaration of July 2-19 and subsequent pledge approved by Council in July 2020 committing to a shift to net zero greenhouse gas emissions by 2045 while also ensuring that the Derry City and Strabane District Council area was as far as practically possible prepared for and resilient to the effects of climate change.
Councillor O’Neill welcomed the report and said this provided Council with an excellent opportunity and displayed the tremendous work carried out by Council in terms of addressing the climate emergency. She also welcomed the references to public transport and, in particular rail in the mitigation challenge. She referred to the many wonderful Motions passed by Council in regards to extending the public transport and rail network. She referred to the fact that private transport was the most popular form of travel within this Council area and transport contributed to 44% of carbon emissions. This was, however, an excellent opportunity to undertake the work still required in terms of addressing the climate crisis being faced and, in particular, in regards to public transport in this Council area.
Whilst acknowledging the excellent work being carried out she expressed concern that Council was not acting swiftly enough in terms of addressing the climate crisis. She referred to the many worthwhile Motions already passed by Council in regards to delays in the upgrade of Phase 3 of the Derry-Coleraine rail track but expressed concern that there had still been little progress in relation thereto.
Subsequently Councillor O’Neill Proposed, Councillor Carr Seconded
That Council write to the Minister of Infrastructure to demand that Phase 3 of the Derry to Coleraine railway track is completed by 2021.
Alderman McCready queried the last time a Motion had been passed by Council regarding this issue and was it within the required time
13 Page 163 frame to put forward another proposal on the matter. He also expressed concern at the placing of a timeline on the works being carried out which, he felt was somewhat ill-advised given that this was a major piece of infrastructure. Even if these works were to commence immediately, they would not be completed by the end of 2021.
He stated that whilst supporting the genesis of the Motion in regards to the need for Phase 3 of the Derry-Coleraine rail line he could not agree to any demands, in writing, that these works be completed by the end of 2021.
The Director of Environment and Regeneration said she understood that the Minister had requested DfI and Translink to carry out a detailed feasibility study which was currently underway in terms of the Phase 3 update. She said Members may wish to write to the Minister requesting an update in regards to the Phase 3 development. She said she understood that the works would not be completed in 2021 but this was actively being progressed, however, she could clarify the precise position as she was not in possession of the details at that time.
Councillor Boyle said it was evident that the process had been opened up and progress was being made. He did not feel it was either necessary or would prove productive to write to the Department making demands in regards to the carrying out of the Phase 3 works. He suggested that an update be sought in regards to the matter. He said that placing deadlines or timeframes on issues pertaining to infrastructure would not prove productive. He reiterated his suggestion to request an update in regards to the matter.
Councillor Jackson acknowledged the points made by the previous two speakers that it would probably not be possible to have these works completed by the end of 2021. However, he felt it was important that Council did send a reminder to the Minister for Infrastructure that, whilst Council appreciated the feasibility studies and any progress in regards to delivering on Phase 3, there was an expectation from within this Council area that there would be a physical start on the Phase 3 works before the end of the current Assembly mandate.
Councillor Jackson whilst acknowledging that making demands on the Department may appear somewhat unreasonable, said it was necessary to convey to the Department the expectation that works would begin within the current mandate.
14 Page 164 Councillor O’Neill expressed concern at comments regarding the language used in her proposal. She felt such demands were necessary because the pace of change required to address the current climate crisis was too slow. She said there was a need for urgent action and numerous feasibility studies had already been carried out. She said rail was the obvious choice in terms of addressing the climate crisis and the Derry-Coleraine rail line needed to be updated.
The following amendment was Proposed by Alderman McCready, Seconded by Councillor Boyle
That Council writes to the Dfi Minister seeking an urgent update on Phase 3 of the Derry/Londonderry – Coleraine line including a timeframe on delivery.
In response to Members’ queries, the Lead Legal Services Officer explained that this was an amendment to the original proposal put forward by Councillor O’Neill and Seconded by Councillor Carr. It was necessary to vote on the Amendment initially and, depending on the outcome of that vote, to vote on the original/substantive Proposal.
A vote was taken on the Amendment the results of which were as follows:
For – 6; Against – 6; Abstentions – 0.
As the Chairperson had the casting vote he vote in favour of the Amendment. The Amendment was therefore carried and became the substantive Motion.
Members then voted on the substantive Motion the outcome of which was as unanimous.
Subsequently the Committee
Recommended Council writes to the DfI Minister seeking an urgent update on Phase 3 of the Derry/Londonderry – Coleraine line including a timeframe on delivery.
15 Page 165 Councillor O’Neill referred to the importance of rail and public transport and as such proposed that this matter be placed on the agenda of future Committee Meetings for consideration.
Councillor O’Neill Proposed,
That rail and public transport infrastructure to be on the agenda as a rolling agenda point on the Environment and Regeneration Committee.
In regards to the above Proposal, the Director of Environment and Regeneration explained that Council Officers did not have any control over the development of rail and public transport infrastructure. She said that to have this item on all future Committee agenda, would require the DfI Minister and her officials to provide Council with monthly updates. Council would therefore rely on a commitment from central government to provide monthly updates for inclusion on future Committee agenda.
The Proposal fell as there was no seconder.
The Committee
Recommended (i) that Members note take note of the applications to the Covenant of Mayors for Climate and Energy Peer to Peer Learning Programme;
(ii) that approval be given for Council to become a signatory and agree to the principles in the Commitment Document mandating the Mayor to sign the Covenant Adhesion form.
ER112/20 Regeneration of St Columb’s Park – Phase 3
The Director of Environment and Regeneration presented the above report, a copy of which had previously been circulated. She advised that the purpose of the report was to seek Members’ approval to make budgetary provision in the sum of £21,000 to progress further with the Masterplan design development for the Regeneration of St Columb’s Park.
16 Page 166 Councillor Jackson welcomed the report. He said the value of public spaces had become increasingly evident, during the pandemic and lockdowns, and, in particular the popularity of St Columb’s Park. He said that any steps to improve Council’s public realm must be encouraged.
Alderman McCready said investment in Council’s public realm was extremely worthwhile particularly when emerging from the pandemic.
Councillor O’Neill enquired if there were currently any public transport links into the Ebrington site.
The Director of Environment and Regeneration said she was not in possession on this information. However, she undertook to enquire from the Executive Office who had responsibility for the Ebrington site to provide this information to Councillor O’Neill.
Councillor Boyle, on behalf of the SDLP, welcomed the project and the further development of what he considered to be a jewel in the City. He said this was essentially a City centre park primarily because of easy accessibility due to the link provided to the West Bank of the City through the Peace Bridge. He said he did not think that there was currently a bus route directly to the Ebrington site although there was one to Limavady Road which was adjacent to the site.
Alderman Hussey said he understood that there would be a direct bus route into the Park following completion of the works.
The Committee
Recommended that Members’ approve the allocation of £21,000 as outlined above.
ER113/21 Zero Waste Europe Pilot Accreditation Programme
The Head of Environment presented the above report, a copy of which had previously been circulated. He advised that the purpose of the report was to seek Members’ approval to participate in a pilot accreditation programme being taken forward by Zero Waste Europe in consideration of Council’s ambition to achieve zero waste status.
Councillor Burke welcomed the report. She felt the accreditation programme could assist in providing a more structured approach
17 Page 167 towards achieving a zero waste City and district. She said Council had pledged to work towards this and therefore must exhaust all avenues of possibility. She felt this programme would assist in Council reaffirming its position and lead the way in bringing this to fruition.
Councillor O’Neill welcomed this Pilot Programme which she said provided an excellent opportunity for Council. She referred to the fact that Zero Waste Europe were being extremely strategic in regards to offering places for the pilot programme and Derry City and Strabane were the first City and Region within these islands to commit to a zero waste circular economy. She stated that if Council fully availed of this opportunity and derived all of the benefits of being involved in this pilot programme, it would become a model for other City/regions hoping to transition in this direction. She stated that this was the direction of the future and would be a unique selling point for the City/region and also create pride in this City. She also welcomed the fact that fees were being waived for the first three years. She believed Council would have the support of Zero Waste Europe in its transition towards a zero waste circular economy. They had incredible expertise and technology from which Council could benefit during the pilot programme. She said Zero Waste Europe were part of a global movement who exemplified the ideal of thinking globally and acting locally.
The Committee
Recommended that approval be granted to participate in the pilot accreditation programme being taken forward by Zero Waste Europe.
ER114/21 DfI Greening of Alleyways Scheme
The Regeneration Manager presented the above report, a copy of which had previously been circulated. He advised that the purpose of the report was to update Members on details of the DfI Greening of Alleyways Scheme and to seek approval to prepare and submit a funding application.
Councillor Jackson referred to the initial excitement regarding the Minister’s announcement in respect of this initiative. He referred to the ongoing problem in regards to the issues surround alleyways. He said his Party welcomed the report with caution given the numerous issues left unanswered. He appreciated the report prepared by the
18 Page 168 Regeneration Manager and whilst this was a step in the right direction, it was extremely limited in terms of addressing the extent of the problem.
He referred to many of the challenges addressed to him by members of the public in regards to this issue. He said one of the main concerns was in regards to the need to form a constituted group/organisation in relation to each specific area. He did not regard this as feasible as in essence this funding opportunity would provide assistance to those organisations that are already carrying out this work and providing assistance to residents within their specific DEAs. He reiterated that whilst the funding was welcome it would not address the extent of the problems being experienced in regards to alleyways. It was, however, a step in the right direction and his Party looked forward to the rollout of this scheme. This would assist in the upgrading and maintenance of a number of alleyways but would not address the problem in its entirety.
Alderman Hussey concurred with many of the sentiments expressed by Councillor Jackson. He referred to the need to be realistic and pointed out that whilst some areas would benefit from this £3,500, there were certain areas where this would not have any great impact. He also suggested that much might depend on the applicant groups as had been highlighted. He also queried how Council would seek verification of the constitutional status of those groups who might apply. He referred to the back lane in Castlederg which was an area not covered by any particular community group or scheme but could benefit from this scheme and prevent future anti-social behaviour, if managed properly. He referred to the management of the scheme and whilst acknowledging that there would be input from the Community Growth Partnership Boards, queried if they would act as delivery bodies or assessment bodies of those seeking to undertake the scheme. He also enquired as to the timescales involved and when it was likely that an opening date for application would be advertised and the time allocated to carry out the works identified in specific areas.
Councillor J Boyle, whilst acknowledging the issues raised by the previous speakers, felt it was the responsibility of Council to identify its own solutions. He stated that evidently some of the issues were in relation to oversight, transparency, criteria and he suggested that elected representatives were capable of addressing and resolving these issues.
Councillor Boyle Proposed, Seconded by Alderman Hussey
19 Page 169
That a Task and Finish Group be established to assess criteria in relation to how to progress this scheme.
Alderman Hussey said the purpose of establishing a Working Group/Task and Finish Group would be to expedite this matter. It was not an attempt to avoid or delay addressing this problem.
The Director of Environment and Regeneration referred to the feedback from DfI which was that there was a fund which they intended to make available. She stated that they had not provided any indication of how much finance would be made available but had pointed out that they would welcome applications from any Councils with a scheme designed to address their specific needs and circumstances. These would then be assessed by DfI. She said Officers had endeavoured to identify some of the potential criteria which it was felt should be considered and how this might be equitably extended across all Council areas. She stated that it would be possible to establish a short-term Task and Finish Group to review the criteria identified by Officers to date.
She acknowledged Members’ comments in regards to the constitution of community groups which could be explored through the Task and Finish Group. She said DfI had not been precise in regards to what they would and would not consider acceptable. She said it would be necessary for Council to design a scheme specifically for this Council area addressing how it could be worked and rolled out. This would be subsequently presented to DfI for consideration and approval. This differed somewhat from other funding opportunities presented to Council.
Councillor J Boyle said it would be the ambition of Council to secure as much funding as was possible. He suggested that if a Working/Task and Finish Group was established, it could form the basis upon which Council would work with local communities who were interested in progressing their individual plans. He was cognisant of Councillor’s Jackson’s suggestion that this may only apply to constituted organisations and groups. However, he felt the ambition from the Department was to move beyond this. He referred to the need to establish the Task and Finish Group without delay through the normal procedures.
The Committee
20 Page 170
Recommended (i) that Council establish, through the normal procedures, a Task and Finish Group to assess a criterion in regards to progressing the scheme; and
(ii) that approval be given to the design of the scheme based on the details contained in the report in relation to the types of projects that can be supported as well as the distribution of the grant throughout the District based on 4 schemes per local community play partnership to a maximum value of £3500 per project.
ER115/21 Sustainable NI
The Head of Capital Development and Building Control presented the above report, a copy of which had previously been circulated. He advised that the purpose of the report was to seek approval in relation to continued support for Sustainable NI.
The Committee
Recommended that Members endorse the Membership offer and approve annual financial support drawn from existing budgets for Sustainable NI for 2021/2022 to the value of £5,000.
Open for Information
ER116/21 Building Control Applications
The Head of Capital Development and Building Control presented the above report, a copy of which had previously been circulated. He pointed out that the purpose of the report was to advise Members of applications processed under Building Regulations (NI) between 1 February 2021 and 28 February 2021.
21 Page 171 Alderman Hussey referred to the need to be cognisant and commend Council’s Building Control staff in undertaking their essential tasks under the current restrictions.
Members noted the content of the report.
ER117/21 Community Environmental Volunteering Activities
The Head of Environment presented the above report, a copy of which had previously been circulated. He pointed out that the purpose of the report was to advise Members of the key consideration in taking forward community volunteering activities with regard to environmental activities in consideration of the Notice of Motion adopted recently by Council (21/03 C148/21A).
Councillor O’Neill acknowledged the many barriers in terms of trying to encourage communities to become pro-active in regards to carrying out litter picks in their area. She said this had highlighted the challenges in regards to groups requiring insurance cover in respect of carrying out these work. She said that from personal experience this had proved almost impossible. She understood that in the past Council together with Keep Northern Ireland Beautiful, had arranged community litter picks and had arranged the necessary insurance cover. She enquired if there would be any resources available from Council to provide advice to community groups interested in forming a constituted body to carry out litter picks, in regards to obtaining insurance cover.
She said she understood The Tidy Towns movement in the Republic of Ireland were extremely successful in this regard and had been able to overcome these barriers. She felt Council should offer as much support and encouragement to local communities to participate in such activities.
The Director of Environment and Regeneration stated that this was a difficult issue in that, whilst Council wanted to encourage and support as much as possible community participation in regards to carrying out litter picks in local areas, the issue of collecting litter along roadsides, and, in particular, rural roads with high speed traffic presented a major problem. She said very detailed and specific legislation covered the health and safety of Council Officers involved in carrying out this activity. She referred to the working practices, risk assessments and safe systems support required to be put in place to ensure their safety.
22 Page 172 She stated that whilst Council could work with, and explore mechanisms to provide advice and guidance to community groups and individuals where possible, it must also be mindful regarding the safety issues involved. She referred to incidences where well-meaning community minded individuals who had undertaken such activities had been seriously injured or killed. She said this was a note of caution, however, she did not was this to appear as if Council was putting up barriers around supporting communities as this was not the case. She said that clearly, if Council were involved with and engaging and supporting these activities, it had a duty of care under health and safety legislation to ensure that these were carried out safely and that there was adequate insurance cover in place.
The Director of Environment and Regeneration assured that Officers were willing to review this in terms of working with communities and to provide them with, if at all possible, written guidance. However, Council could not overlook its duty of care responsibilities.
The Head of Environment explained that the majority of clean ups carried out in the Republic of Ireland were organised through the Tidy Towns organisation. He stated that An Taic provided group insurance for all of those events which was a well-documented process. He reiterated the issues in general terms in regards to communities organising events, which Council had and would continue to support, and provide assistance where possible. However, this was a challenge in terms of the wider insurance and health and safety risk assessment process. HSE NI would also have a position in regards to this matter and all of Councils litter picking operations were governed by that body. Community groups and organisations would also be subject to the same obligations. He stated that, as Members would be aware, it was necessary for Council to organise specialist teams to carry out litter picking on rural roads something which had proved both challenging and expensive. He assured that Council would continue to give support, where possible, and he pointed out that all other Councils in Northern Ireland were in a similar position and were examining how this could be dealt with collectively.
Councillor Edwards enquired if Council was still able to offer assistance to community groups arranging a litter pick up by providing gloves, plastic bags etc. He referred to an initiative in Leeds where plastic bag dispensers were positioned in areas litter hot spot areas and enquired if a similar approach could be adopted in this Council area.
23 Page 173 The Head of Environment confirmed that Council was in a position to provide bags, gloves and litter pickers. He said Council did have to provide a degree of training associated with this and carry out risk assessments under health and safety obligations. He stated that on completion of the litter picks Council could arrange for the materials to be collected and disposed of.
Alderman Hussey enquired if litter picking on Council’s rural roads would return to normal in progressing towards the summer period. He said the problem with litter on rural roads was seriously exacerbated following periods of grass cutting. He also queried if there had been any liaison with DfI Roads regarding when grass cutting would be carried in order that a synchronised approach could be organised. He further enquired if normal street cleansing procedures would be reinstated in the rural area in the coming year.
The Head of Environment confirmed that both these services would be operated as normal, however, this was dependant on resources and guidelines around Covid and social distancing. He stated that, as Members would be aware, this had been a particularly challenging year in terms of service provision given the various different working practices which it had been necessary to introduce in terms of separating crews etc. This had evidently led to delays. He said it had also proved a challenging time in terms of recruitment, however, progress was now being made in this regard. He acknowledged the delays which had occurred but anticipated that in the coming weeks, with additional staff in place, as restrictions eased and the vaccination programme took effect, it would be possible to address these delays.
The Head of Environment explained that Council would be focusing on washing towns and City centres as part of the revitalisation programme and it was anticipated that this would begin during the current month. Council was also considering additional resources in terms of municipal scrubbers to assist with this activity. He said Council would endeavour to ensure that these works were carried out in the coming weeks.
Alderman Hussey anticipated that the revitalisation programme included the small rural settlements within the Council area.
Arising out of the above Councillor J Barr enquired if there had been any announcement in regards to the easing of restrictions on vans.
24 Page 174 The Head of Environment advised that Officers were considering a number of proposals which it was hoped would be implemented in the coming weeks with regards to vans and wider access across a number of Council’s key sites including Eglinton, Glendermott, Strathfoyle and Strahans Road. He said it was anticipated that the Glendermott site would be opened at night without appointment whilst the surrounding buildings were closed. He said the hours may be extended from 6 pm – 9 pm with the exception of Thursday when one of the surrounding businesses would be opened. A similar approach was also being considered in respect of Eglinton and it was also hoped to increase the hours at Strahans Road. Officers were currently working on these proposals and, when agreed, would be presented to Members.
ER118/21 Natural Capital Account of Public Accessible Greenspaces in the District
The Director of Environment and Regeneration presented the above report, a copy of which had previously been circulated. She advised that the purpose of the report was to present Members with the Natural Capital Account (NCA) of all public and accessible greenspaces within the District as an action arising from the Derry City and Strabane Green Infrastructure (GI) Plan 2019-2032, which will assist Council and its GI Stakeholders, place a value on, assist with management and assess proximity of residential properties to public and accessible greenspaces.
Councillor Fleming commended Officers on the work carried out in regards to this initiative to date and the further work which would be carried out. In regards to the location of the vicinity of the Enagh Lough and Gransha Woodland and given the forthcoming greenway adjacent to this, he requested that Council Officers continue to work with local groups in the area in regards to their vision. He said these groups were beginning to put together a feasibility study in respect of a Country Park. He stated that given that plans for a potential 600 dwelling housing development in the near future, it would be important to preserve what currently existed and add additional facilities in terms of outdoor activity.
The Director of Environment and Regeneration understood that discussions had taken place with community groups in regards to this matter. She assured that Officers would continue to support those groups where possible in regards to this.
25 Page 175 Subsequently the Committee
Recommended that Members and Officers would continue to try and identify and source alternative funding which could be
Members noted the content of the report.
ER119/21 Shared Island Unit Climate Change and Biodiversity Consultation Response
The Director of Environment and Regeneration presented the above report, a copy of which had previously been circulated. She pointed out that the purpose of the report was to advise Members on the submission of the Council response to a Consultation Paper on climate and biodiversity forming part of a larger Shared Island Project in the National Economic and Social Council (NESC) for the Department of the Taoiseach.
Members noted the content of the report.
ER120/21 DfC Recovery and Revitalisation – Update on Proposed Public Realm Interventions
The Regeneration Manager presented the above report, a copy of which had previously been circulated. He advised that the purpose of the report was to update Members on the current Recovery and Revitalisation Programme funded by the Department for Communities and to seek Members’ endorsement and approval to continue to develop these initiatives in consultation with relevant stakeholders.
Councillor Edwards welcomed the inclusion on Castle Street in Strabane in this programme. He enquired as to the timescale involved in having this put in place.
The Regeneration Manager advised that it was anticipated to have these initiatives on the ground during summer 2021. He said considerable work had been carried out in terms of securing agreement from the businesses involved and it was only after much debate and discussion that a way forward had been secured following a meeting with businesses on March 12 and which they subsequently confirmed their preferred option on 19 March. He stated that following this consensus the design team had begun preliminary designs. He said the
26 Page 176 scheme should be relatively simplified as it did not involve large areas and reiterated that a timescale was estimated during summer 2021.
The Regeneration Manager advised Members that there was a spend timeframe from DfC by end of summer 2021 and there was therefore an urgency involved in having these works carried out. He assured that Officers would endeavour to have the works completed as soon as possible in view of the needs and demands of the businesses involved.
Alderman Hussey referred to the recommendations which were specific to the regeneration of the City and Strabane town. He said Members and Officers would be aware that Council had agreed with the need to take consideration of rural areas and, in particular, rural settlements, which having been passed at the March Council Meeting was now policy. He said he would like to see a third recommendation whereby Members and Officers would continue to try and identify and source alternative funding which could be utilised in Council’s rural settlements in similar regeneration, as agreed by Council. He queried if it would be possible to have this included in the recommendation.
The Director of Environment and Regeneration reminded Members that this was a matter for information. However, if Members wished she would be willing to accept the recommendation in terms of engaging with central government in an effort to identify opportunities in respect of the smaller settlements in terms of similar types of initiatives. She said this issue had been raised with central government Department and Officers would continue to do so and provide Members with update in relation to this. She said Officers recognised the need for similar regeneration initiatives in the smaller settlements.
Subsequently the Committee
Recommended that Members and Officers would continue to try and identify and source alternative funding which could be utilised in Council’s rural settlements in similar regeneration, as agreed by Council.
ER121/21 Proposed Provision of Disabled Parking Bay at Seymour Gardens, Caw
27 Page 177 The Director of Environment and Regeneration presented the above report, a copy of which had previously been circulated. She pointed out that the purpose of the report was to advise Members of correspondence received in March 2021 from DfI Network Development Section regarding proposed disabled parking bay at Seymour Gardens, Caw.
Members noted the content of the report.
ER122/21 DfI No Waiting Restriction – Little James Street/John Street
The Director of Environment and Regeneration presented the above report, a copy of which had previously been circulated. She pointed out that the purpose of the report was to advise Members of the DfI’s correspondence regarding proposals to introduce a no waiting at any time, loading and unloading not permitted restriction at Little James Street and no waiting at any time restriction at John Street.
Members noted the content of the report.
ER123/21 DfI Weight Restriction – Lower Violet Street
The Director of Environment and Regeneration presented the above report, a copy of which had previously been circulated. She pointed out that the purpose of the report was to advise Members of DfI’s correspondence regarding a proposal to introduce a 3 tonne weight restriction at Lower Violet Street.
The Meeting then went into Confidential Business.
28 Page 178 Agenda Item 8h
Derry City and Strabane District Council
Open Minutes of the Meeting of Health and Community Committee of Derry City and Strabane District Council held remotely on Thursday 15 April 2021 at 4.00pm. ______
Present: - Alderman Guy (Chair); Aldermen Devenney and Warke; Councillors R Barr, Burke, Duffy, Edwards, Farrell, Ferguson, Harkin, Logue, McHugh, Mooney and Reilly.
Non-members of Committee:- Aldermen Hussey and McClintock; Councillors J Boyle, Carr, Donnelly and Kelly.
In Attendance: - Director of Health and Community (Mrs K McFarland), Head of Community Development and Leisure (Mr B O’Hagan), Head of Health and Community Wellbeing (Mr S Donaghy), Principal Environmental Health Officer (Licensing and SAG) (Mr P Rafferty), Lead Legal Services Officer (Mr P Kingston), PA to Health and Community Director (Mrs L Shields) and Committee Services Assistant (Mrs T Johnstone). ______
HC93/21 Notice and Summons for Meeting
The Director of Health and Community read the Notice and Summons for the Meeting.
HC94/21 Members Attendance and Apologies
The Director of Health and Community recorded Members attendance. No apologies were received.
HC95/21 Statement for Remote Meetings
The Director of Health and Community read the statement for remote meetings.
HC96/21 Declarations of Members’ Interests
Councillors Burke and R Barr declared a non-pecuniary interest in Agenda Item 9 – Covic-19 Food and Essential Supplies Transition Fund.
Alderman Devenney and Guy declared a non-pecuniary interest in
Page 179 Agenda Item 10 – Re-opening of Outdoor Sports.
Open for Decision
Chairperson’s Business
HC97/21 Recent Shooting Attack and Incidents of Unrest
The Chair expressed condemnation at yet a further shooting incident in the City. He stated that there was no place for guns in our society and urged anyone with information to contact the PSNI.
He stated that over the Easter period, many predominantly Protestant areas of the Waterside had witnessed unrest and needless attacks on the PSNI. He extended his thanks to community workers, residents and fellow Elected Representatives from the area who had worked tirelessly to prevent further escalations of violence. He stated that no matter what the issues were within the Protestant, Unionist, Loyalist (PUL) community, it was wrong to attack police lines and cause destruction of their own areas. He stated that such actions achieved nothing and as occasions of the past, would lead to young men receiving needless criminal records which could have been avoided. He urged the youth of the PUL community who were considering further acts of violence to not be led by the previous political figures who subsequently washed their hands of those who received convictions at that time.
Councillor Logue on behalf of Sinn Féin, condemned the recent shooting incident in the city. She stated that whilst there may be issues, shooting people was not the way to address issues. She stated that residents from the area had been traumatised by the incident. She hoped that those responsible for carrying out such attacks would see that on behalf of the community, that they were futile and did nothing to address the issues.
Continuing, she referred to the recent unrest and stated that her Party condemned all those who engaged in those incidents and thanked all the community and political workers who had attempted to quell the situation. She stated that those with influence should express caution when addressing issues within those communities and be mindful of how words could be interpreted by others and have a detrimental effect within those communities.
Page 180 Councillor Mooney stated that the SDLP concurred with the sentiments expressed by Alderman Guy regarding the recent shooting and incidents of unrest.
Alderman Devenney also concurred with Alderman Guy‟s comments, stating that the DUP condemned all types of violence. He stated that his party colleagues were at those areas of unrest, in an attempt to quell the situation. He stated that the DUP had also condemned the recent shooting in the city and that anyone with information should contact the PSNI.
Councillor Harkin commended all those who had urged for people not to get involved in the recent acts of violence. He felt that there were currently huge challenges within society and as much unity as possible was needed throughout communities at this time. He stated that those attempting to express anger should direct it to those in power who had the ability to make fundamental change.
Councillor Ferguson stated that the Alliance Party completely condemned the recent acts of violence and welcomed that such condemnation was expressed from all Political Parties.
Councillor Reilly referred to a recent incident where a train was forced to make an emergency stop due to a burning car on the railway track. He stated that the swift actions and professionalism of the train driver had averted a tragedy. He proposed that the Mayor writes to Translink to express Council‟s gratitude and commendation to the train driver on her swift actions and dealing with that incident in such a way that there was no injury or loss of life.
Councillor Reilly Proposed, Seconded by Alderman Guy
That the Mayor writes to Translink to express Council’s gratitude and commendation to the train driver on her swift actions and dealing with that incident in such a way that there was no injury or loss of life.
The Chair concurred with the sentiments expressed by Councillor Reilly. He stated that due to quick thinking of the driver that lives were saved.
The Committee
Page 181 Recommended That the Mayor writes to Translink to express Council’s gratitude and commendation to the train driver on her swift actions and dealing with that incident in such a way that there was no injury or loss of life.
HC98/21 Return to Outdoor Sports
The Chair stated that due to the relaxation of the Covid-19 restrictions there has been the return of team training. He advised that with further imminent announcements expected by the Executive, that teams would be returning to full outdoor play in the coming weeks. He welcomed the opportunity for a safe return to play and the importance of this being carried out on a phased basis. He stated that while Covid- 19 was still circulating, Members had a shared responsibility to both protect the public and support their recovery. He stated that sport and physical activity have been prioritised for return due to the important contribution that being active made to physical and mental wellbeing. He welcomed that all members of society could return to fitness and exercise and to ensure the return was on a long-term return basis, it was important to adhere to the guidance to enable everyone to enjoy the benefits of being active. He stated that Council staff were organising sessions with governing bodies, clubs and groups over the coming weeks to ensure that Derry City and Strabane District Council maximised this opportunity in a safe manner.
HC99/21 Request for a Minute’s Silence for Healthcare and Frontline Workers who have passed away during the Coronavirus Pandemic.
Councillor Harkin stated that Council had previously discussed at length, the contributions of healthcare workers and essential workers that have worked on the frontlines during the coronavirus pandemic. He stated that unfortunately, many healthcare workers had died as a result of putting themselves at risk to help others during the pandemic. He noted that International Workers Memorial Day (IWMD) would be commemorated on 28 April and proposed that those people who have died on the frontline and putting communities first, be acknowledged.
Councillor Harkin Proposed, Seconded by Councillor R Barr
That Council hold a minute’s silence at the Council meeting on 29 April 2021 in conjunction with International
Page 182 Workers Memorial Day on 28 April 2021, for all those healthcare and other essential workers who have died over the past year whilst confronting the coronavirus pandemic.
He stressed the importance of Council illustrating the significant contribution that health workers and others have made to keep everyone safe during the past year.
The Committee
Recommended That Council hold a minute’s silence at the Council meeting on 29 April 2021 in conjunction with International Workers Memorial Day on 28 April 2021, for all those healthcare and other essential workers who have died over the past year whilst confronting the coronavirus pandemic. HC100/21 Giant Hogweed
Councillor R Barr requested that officers liaise with colleagues from the Environment and Regeneration Directorate regarding the issue of giant hogweed. He stated that hogweed had been an ongoing issue for some years in the Strabane area. He noted that last year, a child had come into contact with hogweed with painful consequences. He stated that he was aware of issues regarding jurisdiction responsibility when it came to tackling the problem. He requested that Council identify the areas most affected and liaise with those responsible for land/properties containing hogweed outside of Council‟s remit in an attempt to solve or minimise the problem.
Alderman Hussey stated that he fully endorsed and supported the comments made by the previous speaker. He stated that he and Councillor Edwards had also identified an area along the river at Sion Mills. He stated that the river ran through Strabane and that seeds from the giant hogweed were being carried downstream from that particular location in Sion Mills.
Councillor Edwards stated that regarding giant hogweed there was a major issue in terms of jurisdiction and responsibility. He stated that all the relevant agencies and authorities needed to work together to properly tackle the increasing problem.
Page 183
Councillor Logue stated that similar to other issues within the Council district, land ownership could be problematic. She stated that Japanese Knotweed was also a blight and a destructive weed, that grew rapidly and had the potential to cause untold damage to properties. She stated that there were many areas throughout the city and district affected by this particular weed. She stated that whilst a motion was presented to Council by Councillor M Boyle and passed on the matter, she felt that Council as an overarching body had a responsibility to engage with land owners where these particular weeds were growing. She concurred that a collective approach was needed as a way forward. She stated that regarding land ownership that could not be established, a solution was needed in that regard.
Councillor R Barr Proposed, Seconded by Councillor Edwards
That Council identify the areas most affected with giant hogweed and liaise with those responsible for land/properties containing hogweed outside of Council’s remit in an attempt to solve or minimise the problem.
Members agreed unanimously and the Committee
Recommended That Council identify the areas most affected with giant hogweed and liaise with those responsible for land/properties containing hogweed outside of Council’s remit in an attempt to solve or minimise the problem.
HC101/21 Determination of an Application for the Renewal of an Entertainments Licence for Danny O’Neill’s Bar, in respect of which representations have been received.
The Head of Health and Community Wellbeing presented the above report, details of which had been previously circulated to Members. The purpose of the report was to provide Members with suitable and sufficient information to enable determination of an application for the renewal of an indoor entertainments licence for Danny O‟Neill‟s Bar at 58-60 Ferguson Street, Derry, in respect of which representations have been received.
Page 184 The Chair welcomed Mrs Paula Kavanagh, objector and Constable Paul Larkin, PSNI. He advised that the applicant, Mr D Hirrell was unable to attend the meeting. However, Mr P Rafferty, Licensing Officer would read a statement on behalf of the applicant and his legal representation to the Committee.
The Chair invited Mr P Rafferty, Licensing Officer to read a statement on behalf of the applicant, Mr D Hirrell.
Mr Rafferty read the statement as requested and highlighted the following points:
Mr Hirrell is the leaseholder of the licensed premises at 58/60 Ferguson Street, Derry, known as Danny O‟Neill‟s and is the current holder of the Intoxicating Liquor Licence for those premises.
The bar is a family run business ran with the assistance of his wife, who is a qualified chef.
We have worked together in hospitality for 30 years now and have never had any complaints against us in that period. We had our last bar for 10 years and during that time we ran a successful business and never had any complaints from neighbours. Music: The bar is open 12 hours a day and has music at the week-end which lasts 2 hours per band. These entertainment hours are not the principal trading hours. The bar is a quiet bar during midweek and the weekends are busy like most other bars in the city. We are very strict on our closing hours and have never served past trading hours. Local residents: Reported to have a very good relationship with neighbourhood residents who live beside the bar and streets further away. The residents enjoy having a bar in the area where they can drop in to meet their friends He believed that they appreciated the way it is managed. Always open to any suggestions they might have and apart from this present objection, we have had nothing but a positive reaction from residents. Coaches and Parking:
Page 185 In relation to parking, was not aware of any residential drives on Ferguson Street or of bar customers parking their cars on the pavement. Ferguson Street is a public street and I do not have any control over where drivers park their vehicles or the identity of those drivers. Has never seen coaches on Ferguson Street and to the best of his knowledge they would not fit up it. Abuse of alcohol and other substances: Refuted claims that the bar is an “environment” where substance abuse occurred and there is absolutely no evidence to support this. This is a family run bar and would not tolerate such behaviour on the premises. Such allegations should have been immediately reported to the police. Drinking outside the premises: Customers most definitely are not allowed to drink outside the premises. Glasses or bottles are not allowed to leave the premises and customers are made fully aware of this through signage displayed prominently on entering and exiting the bar. Door staff reinforce this message and have strict instructions to prevent this from happening. He ensured that the outside of the premises are kept clean on a daily basis and remove all litter. Emptying bottle bins: Was aware of the noise associated with removing bottles to outside bins. Extra bins were purchased by the business and out of respect for the neighbouring residents, staff are strictly instructed not to empty bins to outside the premises after 8.00 p.m. Anti-social behaviour: The complainant refers to pub customers urinating and worse on the street and in his/her garden. He has never witnessed this and no evidence whatsoever has been provided to show that these are pub customers. Ferguson Street is a public street and these people can also be coming from house parties or other venues. Bar staff quite regularly turn people away from the bar if they think they have already consumed too much alcohol and it is completely unfair to categorically state without any proof whatsoever that this quite awful behaviour is caused by bar customers. COVID:
Page 186 Closing hours were reduced completely during COVID and our staff always abided by these hours. It is totally untrue to say that the bar was open at 2.00 a.m. The premises are cleaned up after closing as soon as possible as they have to travel 45 minutes to their residential address. It is completely untrue that a “lock-in” in the bar had taken place on the premises and find these allegations particularly offensive. The PSNI called to the premises on four occasions during the pandemic for inspection and the leaseholder understood that they were satisfied that we were fully compliant with the regulations. Substantial meals were prepared for our customers. A complete table booking system for the bar was organised and advertised daily via social media Extra time and money was spent employing extra staff to ensure that our premises were safe for our customers and fully compliant with covid-19 regulations. First bar in Derry to have contact tracing and we had no cases of covid-19 or close contacts reported from any of our customers, staff or family members which spoke for itself.
The Chair then invited Constable Larkin, PSNI to make his representation to Members.
Constable Larkin stated that the bar was formerly known as the Bowery Bar. He noted that since 2014 there have been 7 different licences issued to the premises. He stated that all of those licensees had experienced issues regarding residential problems and had not kept the bar running for more than a year. He advised that Mr and Mrs Hirrell took control of the bar in September 2019. He noted that the premises had an Article 44 extension to the licence which permitted the trade of alcohol up to 1am, Monday to Saturday and midnight on Sunday.
He stated that during Covid, the regulations stated that the bar must provide people with food and refreshment. However, to his knowledge, the bar had never provided food on any of his inspections. Until recently he had no evidence of any food ever being served on the premises. He noted that a number of bars had implemented some sort of food service when the restrictions were temporarily lifted in 2020, where bars could trade if they were serving food. He stated that it would be unfair of him to highlight any incidents that had taken place prior to Mr Hirrell taking control of the premises. However, since he
Page 187 had taken over the premises, 6 incidents have been reported to the PSNI. This did not include other inspections conducted by the police during Covid-19 checks.
Continuing, Constable Larkin gave an outline of those incidents:
Monday 3 August 2020 at 00.52 am, police had received a report of an ongoing disturbance and arrived at 1.02am and noted approximately 6 persons outside the bar. He stated one male was reported to have his shirt removed. There was no disturbance at that stage although police believed there may have been an altercation prior to their arrival and all persons left the area upon police arrival. He stated that police were of the impression that these people had emanated from the licenced premises and not a house party or any other residential address.
Saturday 29 August 2020 at 21.30, police inspected the premises as part of Covid regulations. He reported that persons were present in the bar and no food was apparent nor any empty plates at the tables. He stated that advice was provided and when police returned at 22.30 all patrons had left the premises
Sunday 20 September 2020 at 22.06, police received a report of a large scale disturbance outside the bar. Police responded immediately and noted a large number of persons outside the bar acting aggressively. Given the numbers, police were unable ascertain what had occurred but it was evident that some type of altercation had taken place prior to their arrival. CCTV which was observed by police showed that there was a disturbance involving a number of people, prior to police attending the scene. As a result of this incident a criminal investigation was initiated and the matter was yet to be completed and a report to the Public Prosecution Service (PPS) will be submitted in the near future.
Friday 2 October 2020 at 23.35, police conducted a routine check under the Covid regulations. He reported that the bar appeared to be closed at that time.
Sunday 20 December 2020 at 23.37, a disturbance outside the bar was reported. The police arrived at 00.53 and reported that there was no-one in the vicinity or any disturbance at that time.
Page 188 Wednesday 23 December 2020 at 23.08, police received a report from a passing motorist that they were unable to drive up the street due to the large numbers congregating outside the bar and also a high number of parked cars in the vicinity. It was also reported that the occupants of those cars had pints of beer in their hands whilst driving. Police did not arrive until 00.28 as they had been redeployed twice prior due to an emergency incident. At that stage the bar appeared to be closed but there were persons standing around the vicinity of the bar and on Foyle Road. They appeared to be highly intoxicated and were trying to avail of local taxi services. Although police would confirm at that stage that the bar was closed, it was their belief that these persons had clearly emanated from the bar on Lower Ferguson Street a short time earlier.
Constable Larkin advised that after the announcement of a further lockdown and since then police have had no reason or any reports to attend the bar to this date.
Councillor Mooney referred to the incidents that had taken place 20 September and 23 December 2020 and enquired if the police believed that the large crowds had come from the bar at that time. He referred to the applicant‟s statement that there was no evidence that those people had come from the bar and asked him if they had indeed emanated from the licensed premises.
In response, Constable Larkin referred to the incident on 20 September and stated that he had witnessed CCTV footage from the bar and that a disturbance had erupted at the front door or slightly outside the bar. He believed that all those involved were certainly from the bar. He referred to the incident on 23 December and stated that he had spoken to the police officers who had attended. He advised that it was their belief at the time that it was a type of crowd that usually vacated other bars in the city. He stated that there was no evidence of a house party in the area and it was their opinion that although the bar was closed, those people had come from the bar.
Councillor Mooney referred to the other incidents reported by Constable Larkin and asked if the police believed or had knowledge of any other breaches of Covid regulations at that time by crowds emanating from the bar.
Page 189 In response, Constable Larkin stated that whilst restrictions were in place that bars could only open when serving food, one would expect to see evidence of empty plates or people consuming food. However, he advised that on one occasion when visiting a bar, there was no evidence of food being served at that time. He stated that police had issued advice and guidance to the licensees stating that substantive food refreshment had to be supplied in order to have the bar open. He noted that when police revisited the bar it was closed apart from the staff who were clearing up.
Councillor Logue thanked Constable Larkin for providing Members with the information. She asked if a breach of Covid regulations had taken place at the bar and if further incidents reported to police were passed on to the Triax Community Safety Forum. She stated that she sought information that prior to the current leaseholder, what the rate of PSNI attendance was at the licensed premises and if incidents were of a similar nature.
In response, Constable Larkin stated that there was a lot of confusion within the licensing community and also police regarding those incidents involving Covid regulations. He stated that the regulations had changed at a rapid rate at that time and it was expected that food would be served. However, given the lateness of the night, you would not expect to see too many people eating. He stated that if there was a breach of those regulations they would have been minor and that police had given the licensee the benefit of the doubt when they had stated they were serving food. Therefore, guidance was provided on this occasion.
Continuing, he stated that he was not aware if the matter had been raised at the Triax meetings therefore could not supply any clarification. He stated that he could not supply information regarding the prior incidents as the report compiled for this meeting was in relation to the time that Mr Hirrell had taken control of the bar. He believed that it would not give a fair reflection because the bar had periods of closure for some months. Therefore, no incidents would be reported during that time. He advised that he would furnish Members with the required information if requested.
Councillor Ferguson asked if the incidents highlighted were in line with similar occurrences at bars located in other residential areas.
Page 190 In response, Constable Larkin stated that there were many bars throughout the city located in residential areas where little or no complaints would be received. However, historically this particular bar was located in a very close residential area and that police would have received the most complaints about it prior to Mr Hirrell taking over the premises.
The Chair referred to the incidents reported to the PSNI and enquired if any entertainment had taken place when the PSNI had arrived on the premises. He further enquired if a similar number of incidents had occurred when the premises was formerly known as the Bowery Bar.
In response, Constable Larkin advised that previously there were incidents from previous licensees where there was entertainment noted. He stated that the police had discussions with Council in relation to the matter at that time. However, those licensees never stayed very long, which meant that when the police were in a position to take any action, the bar had closed and they had given up the licence. He felt that issues were specific to this particular bar, but not necessarily the one licensee.
Mrs Kavanagh, objector stated that she had witnessed patrons leave the licensed premises with some becoming involved in altercations, breaking glass and being disruptive late at night. She stated that her children were being woken from their sleep during these incidents. She stated that the PSNI had informed her that an officer would visit her regarding the anti-social behaviour. However, this has not happened and asked why this was the case.
In response, Constable Larkin stated that with regard to the Covid-19 restrictions it was advisable not to have contact with people unless it was on a necessity basis. He encouraged residents from the area to ring 101 or in the case of an emergency, 999 and police will respond.
The Chair invited Mrs Kavanagh, an objector, to make her representation to the Committee.
Mrs Kavanagh stated that numerous occurrences of anti-social behaviour had taken place at the licensed premises. She described incidents such as patrons of the bar urinating in doorways, having to replace tyres due to broken glass on the pavement and road and people banging on windows and doors. She stated that residents had also expressed concern regarding a registered van from the licensed
Page 191 premises that regularly drove down a one-way traffic system late at night, with the noise from the glass bottles causing a disturbance. She further reported on regular incidents of fighting late at night. She stated that as a result, her children were not having enough sleep and were extremely distraught.
Continuing, she stated that although some residents had complained about the anti-social behaviour, some were afraid of lodging an official complaint. She stated that residents have experienced endless problems since the bar re-opened and when it was fully closed during lockdown the area was much more peaceful.
She believed that the statement submitted by Mr Hirrell was inaccurate and was backed up by the police statement. She stated that numerous more incidents had taken place, but had not been reported to the police. She expressed a worry that by coming forward she may be the victim of a backlash.
Alderman Devenney stated that he understood the difficult circumstances faced by Mrs Kavanagh and other residents being afraid to speak out. He referred to Constable Larkin‟s comments regarding Mrs Kavanagh requesting assistance from the police. He stated that Constable Larkin had clearly outlined that the Covid restrictions, however he felt that Mrs Kavanagh could at least have expected a telephone call from the police to discuss the matter.
Mrs Kavanagh stated that she would have expected a visit from the police as they have often called to her to retrieve CCTV footage regarding other incidents in the area.
Alderman Devenney further asked Mrs Kavanagh why other residents were too afraid to submit a formal complaint.
In response, Mrs Kavanagh stated that a neighbour had reported going to the bar and that the wife of the publican had made a threat.
The Lead Legal Services Officer advised that he must intervene at this point as hearsay evidence could not be taken in relation to that matter. He stated that unless the individual was present at the meeting to speak for themselves, the Committee could not hear on that particular point.
Page 192 In response to Alderman Devenney‟s remarks, Constable Larkin stated that he would follow up on the matter and will make contact with Mrs Kavanagh in the near future.
Councillor Logue welcomed that police would make contact with Mrs Kavanagh. She stated that all too often the community expected responses from the police and if confidence in the service was to be gained within community policing, then promises made of contact must be followed through. She stated that she understood the fear from residents in the area and welcomed Mrs Kavanagh to the meeting to give her account to the Committee. She commended Mrs Kavanagh on her bravery as the fear of the residents was evident and felt that she should be supported through this process. She asked if Mrs Kavanagh had ever approached the licensee in regard to the incidents.
Continuing, she referred to the statement made by the applicant where he noted a good relationship with residents from the area. She stated that she did not understand why he had not provided testimonials from those residents to support his statement. She asked Mrs Kavanagh, as a long term resident in the area, how was this particular leaseholder‟s tenure compared to others. She further enquired if the leaseholder had the confidence of the residents from the area.
In response, Mrs Kavanagh stated that residents had regularly been present when police had arrived at the area, especially when anti-social behaviour had taken place with large crowds present. She stated that a number of residents reported that they had contacted the Council and the police. She stated that whilst she had no evidence that they had done so, those people lived adjacent to the bar. She stated those residents showed fear and anxiety and expressed disappointment that they were unable to come forward. She stated that she needed to protect her children from the ongoing violence and anti-social behaviour.
Councillor Ferguson asked if it was an ongoing issue with previous licensees or has it just escalated over the last couple of years. She also asked if she had submitted objections to any previous applications to renew the licence at the bar.
In response, Mrs Kavanagh stated that this was the first time that she felt the need to be proactive in disputing a local business. She stated that it had come to the stage where she could no longer cope with the
Page 193 situation, regardless of anyone else. She stated that due to the sleepless nights, she was unable to have a happy home for her family.
Councillor Mooney asked Mrs Kavanagh if she could give the Committee details on the number of incidents she would have witnessed in an average week when the bar was open during the Covid period which were not reported to the police.
In response, Mrs Kavanagh stated that incidents occurred regularly from Thursday to Sunday of every week. She advised that she had rang 101 on a number of occasions where she had been referred to a website, therefore was unable to contact anyone. This meant that by the time the incident was over and people had dispersed, it was too late.
The Chair asked Mrs Kavanagh if she had been asked to represent other residents from the area and if the situation could be resolved if there was no entertainment at the bar.
In response, Mrs Kavanagh believed that the entertainment continuing into the early hours of the morning attributed to the problems experienced by residents from the area.
The Chair thanked Mrs Kavanagh for her representation to the Committee. He advised that Committee would now go into confidential business to make a determination on the matter and that the representatives and non-members of the Committee would be placed in the lobby at this point.
On a point of order, Councillor J Boyle queried why the Chair had asked that non-members of the Committee be placed in the lobby as he felt it was appropriate for them to hear the deliberations on the matter and given that he was from that particular area.
In response, the Chair stated that he had been acting on advice regarding the matter.
Alderman Devenney Proposed, Seconded by Councillor Mooney that the Meeting go into confidential business.
After an indepth discussion, the Chair invited the representatives and non-members of the Committee to re-join the meeting.
Page 194 The Lead Legal Services Officer confirmed that whilst in confidential business, Members considered the application for the renewal of an entertainments licence for Danny O‟Neills Bar, Derry. He advised that Members had expressed concerns regarding the number of incidents in relation to the premises that have been logged by PSNI. He stated that Members had noted that this seemed to contradict the evidence which they had received from the applicant. He stated that the Committee had noted that they were impressed by the evidence of Mrs Kavanagh in relation to the circumstances, that she had personally experienced significant disturbance.
Continuing, he advised that Members had considered whether or not the licence could be granted with condition. However, the Committee resolved unanimously that only refusal of the licence could meet the concerns expressed by the Committee, that people within the area would be unreasonably disturbed if the licence was granted.
The Chair advised that the Committee had reached a decision and as outlined by the Lead Legal Services Officer, had ruled not to re-issue the entertainments licence. He thanked Mrs Kavanagh for her representation to the Committee. He confirmed that the applicant would receive written confirmation to inform them of the decision made by the Committee.
Mrs Kavanagh thanked the Committee for listening to her comments and views on the matter.
Councillor J Boyle stated that as a non-member of the Committee, he did not understand the advice which suggested that other Elected Members were not able to listen to the deliberations of the Committee. He stated that he found it unusual and in his view, advice would be that non-members could not contribute to the discussion but could be present. He stated that he had been elected by the people of the Moor DEA and should have been at least permitted to listen to the deliberations being made.
In response, the Lead Legal Services Officer advised that in a situation where a Committee sat in a quasi-judicial function, if that Committee wished to go into confidential business in order to consider the rationale for its decision that it wants to make and debate the matter, then it is the Committee Members who performed the quasi-judicial function. He further advised that the regulatory functions that are entitled to do that and that non-members of the committee are in no
Page 195 different position to members of the public when it comes to that particular matter.
He noted that the Committee was obliged to give the reasons for its decision in relation to the matter in open business, and those reasons for its decision have now been given. He advised that Councillor J Boyle had the information available to him as the decision of the Committee and the rationale for that decision as standard practice.
Councillor J Boyle stated that he did not accept the advice given by the Lead Legal Services Officer. He stated that the Planning Committee also had a quasi-judicial function of this Council and non-members were permitted to sit in on the confidential business of the Planning Committee. He believed that in his opinion, there were inconsistencies which must be taken under consideration. He expressed concern as an Elected Representative for that particular area where his constituents had brought forward concerns, that he could not hear Committee confidential deliberations. He stated that he or any other Elected Representatives must not be disenfranchised in this particular manner when they may be concerned with an issue of this nature.
The Lead Legal Services Officer advised that whenever the Planning Committee was exercising its regulatory, quasi-judicial function, it had determined that it would do that in open business. Therefore, everyone was able to hear the decision of the Council in relation to the protocol that applied to that Committee. He further advised that whenever this Committee decides to make its determination in relation to this matter, that it chooses to go into confidential business. Therefore, the protocols which have been determined by Council in relation to the manner in which these matters are dealt with are different between the two committees.
In response, Councillor J Boyle suggested that the protocol should be reviewed and changed. He stated that whilst he appreciated the comments by the Lead Legal Services Officer, if Council was to operate in an entirely transparent manner that the protocol must be reviewed.
Councillor Logue welcomed the unanimous decision taken by the Committee on the matter and stated that it was the correct decision at this time.
Councillor Donnelly stated that as a non-member of the Committee he concurred with the concerns raised by Councillor J Boyle. However, he
Page 196 stated that he felt that the Committee had made the correct decision in this particular matter going from his experience of speaking to residents from the area. However, he stated that it was unfortunate that non-members could not have access to debate and discussion.
The Chair extended his thanks to Constable Larkin and Mrs Kavanagh for their contribution to the Committee. He commended Mrs Kavanagh on her courage to come forward and speaking out.
The Committee
Recommended that (i) Members refuse the application to grant an entertainments licence for Danny O’Neill’s Bar, 58-60 Ferguson Street Derry and (ii) that the applicant receive notification in writing of the decision of the Committee.
HC102/21 Matters Arising from the Open Minutes of the Health and Community Committee held on Thursday 11 March 2021.
The Open Minutes of the Meeting held on 11 March 2021 (HC62/21 – HC90/21) were confirmed and signed by the Chairperson.
Matters Arising from the Minutes
HC103/21 Advice Services (HC80/21)
Councillor Harkin stated that the Committee had recently agreed to a resolution in relation to advice services and that subsequently Members had met with 3 of the advice providers. He expressed concern at the potential decisions by the Advice Services Panel. He stated that such decision had made him more confident that there was something seriously problematic with the process. He stated that Council had planned to cut a significant amount of funding towards two advice providers and he believed that after discussions with those advice providers, the basis on which Council carrying out this action was fundamentally flawed.
Continuing, he advised that discussions were ongoing with the Advice Panel on the matter and he would continue to challenge the current process. He stated that he and others had been critical regarding how the Covid Emergency Response Service has been organised throughout
Page 197 this Council area. He stated that not everyone was included with assistance and he believed that there were ways in which the service could have been more inclusive. He stated that his Party would be working on how these issues could be addressed.
HC104/21 Pitches and Pavilions Additional Works (HC76/21)
Councillor McHugh stated that discussions had taken place at the District Sports Committee regarding the ongoing drainage issue at Mitchell Park. He stated that it was an issue that had proven problematic over the years and it would be costly to address it. However, he noted that the District Sports Committee was considering options to address the drainage issue at Mitchell Park and asked if Officers could provide an update in terms of reaching a decision on what measures would be put in place or any agreement on a way forward.
In response, the Head of Community Development and Leisure advised that Officers were still working on the issue and were also liaising with the grounds maintenance team. He stated that an update would be provided at a future meeting of the District Sports Committee and also the pitches update report as work progressed over the course of the year.
HC105/21 Extension to the existing Licence Agreement for the use of Northside Units during the construction phase of the new-build at Shantallow Community Centre.
The Head of Community Development and Leisure presented the above report, details of which had been previously circulated to Members. The purpose of the report was to seek Members‟ approval for the extension by three months of a licence agreement between Council and Northside Assets Limited and Northside Assets (No2) Limited.
Councillor Duffy endorsed the recommendation within the report and welcomed the continuation of the work for the new community centre. She stated that the temporary base for Shantallow Community Residents Association at Northside had greatly helped the group continue its work in terms of the community response that they were involved in during the coronavirus pandemic.
Councillor Farrell also endorsed the recommendation in the report and
Page 198 stated that the construction of the new community centre was progressing well and would be a significant investment to the Ballyarnett area as well as the new community centre in Galliagh.
The Committee
Recommended That Members approve the adoption of the licence agreement between Council and Northside Assets Limited and Northside Assets (No2).
HC106/21 Covid-19 Food and Essential Supplies Transition Fund
The Head of Community Development and Leisure presented the above report, details of which had been previously circulated to Members. The purpose of the report was to seek Members‟ approval for the allocation of funding provided by the Department for Communities (DfC), Voluntary and Communities Division (VCD) in relation to a Covid- 19 Food and Essential Items Transition Fund.
Councillor Burke endorsed the recommendation within the report. She stated that the work carried out to date by all of the organisations in the community and voluntary sector during the coronavirus pandemic was to be commended.
The Committee
Recommended that Members approve the following allocations to existing Lead Partners to support the exit from the Access to Food Programme in each of the DEAs as follows; Moor DEA - £2,940, Foyleside DEA - £2,940, Ballyarnett DEA - £2,940, Waterside/Faughan DEAs - £3,525, Strabane DEAs – 5,280, Derg DEAs - £3,900, Sperrin DEAs - £3,900, Transport Costs (Easilink) - £2,100, Foyle Food Bank - £4,007, Churches Voluntary Trust - £2,790, Apex Housing Association - £2,365 (Social Supermarket).
HC107/21 Re-opening of Outdoor Sports
Page 199 The Head of Community Development and Leisure presented the above report, details of which had been previously circulated to Members. The purpose of the report was to inform Members on the planned re- opening of Outdoor Sports Facilities. He advised that the content of the report would most likely be superseded by the most recent announcements by the Executive.
Councillor McHugh thanked the Head of Community Development and Leisure for the report. He endorsed the recommendation within the report and welcomed the phased return to outdoor sports, particularly for the young people. He stated that it was unfortunate to hear that some members of staff had endured verbal abuse which he described as unacceptable.
He noted that Members had been sent communication regarding a meeting being organised with the local sports bodies to discuss a co- ordinated approach to the re-opening of the facilities. He asked if a date for that meeting had been arranged. He referred to the re- opening of the outdoor pitches at Melvin and the issues highlighted regarding traffic at the area. He asked if the car park at Melvin Sports Arena could be opened to the public.
The Director of Health and Community confirmed that an information session would be held on 21 April 2021 at 6.30pm and notification will be sent to Members once the governing bodies had confirmed their attendance. She advised that in response to the car parking issue, Officers from the leisure and sports team were scheduled to meet to discuss the remobilisation of more facilities, therefore the car parking issue would also be taken into consideration.
Alderman Devenney also welcomed the recommencement of outdoor sports and endorsed the recommendation within the report. He expressed concern that members of staff had been subject to verbal abuse which he described as intolerable.
Councillor Edwards concurred with the sentiments expressed by the previous speaker. He stated that a few private gym owners had contacted him as they were concerned that Council facilities would be re-opening but they were not permitted to hold outdoor fitness classes.
In response, the Director of Health and Community advised that outdoor exercise programmes were permitted if affiliated to a governing body or a leisure based industry group. She advised that
Page 200 there should be no barrier if the personal trainer or gym held an affiliated accreditation either individually as a coach or as an organisation.
The Head of Community Development and Leisure concurred with the advice of the Director and stated that the only difficulty would be if an outdoor gym tried to book a Council owned pitch. He advised that Council owned pitches were insured and bookable for sports governing bodies for hire with only so many players per week being permitted. Therefore, any other type of outdoor space could be used as long as they held public liability insurance.
Alderman Hussey referred to the changes to the regulations that were currently being announced and advised that from 30 April, individuals could operate in gyms rather than in groups.
The Chair welcomed that from 23 April 2021, outdoor competitive sport was permitted to recommence and on 30 April, gyms, swimming pools and one-to-one training was also scheduled to recommence. He stated that the leisure staff carried out tremendous work and were not there to be abused but to provide a service and that everyone should be able to do their job in peace.
The Committee
Recommended that Members endorse the interim operational plan for the phased re- opening of Outdoor Sports.
HC108/21 Dog Control Update
The Head of Health and Community Wellbeing presented the above report, details of which had been previously circulated to Members. The purpose of the report was to provide an update on the Responsible Dog Ownership Campaign by Council departments aimed at tackling dog fouling across the Council area. The report also updated Members of the Dog Control Orders made by Council under the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 which came into effect on 5 April 2021 and advised Members that Council has entered into a lease agreement with local dog animal charity, Pet FBI to provide kennelling and related services from the Council Dog Shelter at 7a Pennyburn Industrial Estate.
Page 201 Councillor Ferguson welcomed the in-depth report provided to Members. She extended her congratulations to Pet FBI and Council on its collaboration and looked forward to seeing the initiative progress. She described the Mayor‟s campaign to highlight the problems of dog fouling as amazing and that it had reached out to many different areas throughout the city and district. She referred to the dog control orders and stated that after some initial confusion regarding where dogs would be excluded, she welcomed that those areas were colour-coded. She proposed that the Committee endorse option 5.1.3 within the report to extend the campaign with a reduced level of patrols and associated number of staff.
Councillor Duffy stated that Council‟s agreement to enter into a lease agreement with Pet FBI was a fantastic initiative, adding that social media comments on the collaboration have been extremely positive. She extended her congratulations to everyone involved.
She concurred with Councillor Ferguson‟s proposal to endorse 5.1.3 of the report. She stated that the increased patrols, signage and media coverage throughout the Council area had successfully highlighted the issue and hopefully encouraged more people to become responsible dog owners.
Alderman Hussey congratulated Officers on an extremely comprehensive report. He referred to section 2.3 (b) of the report that dog owners can exercise their dogs off leash when not on pathways and sought clarification on the matter.
In response, the Head of Health and Community Wellbeing advised that Alderman Hussey‟s particular point was correct. However, it was important to note that the dog still must be kept under control.
Councillor Harkin thanked the Officers for the tremendous work undertaken to provide such a comprehensive report to Members. He stated that the campaign had a positive impact throughout the city and district. He asked if there was a potential for the extra provision of dog bins particularly in residential areas.
He referred to the wardens who patrolled the parks and streets and believed that by issuing a notification of dog fouling to a member of the public could be deemed as confrontational. He stated that most wardens were lone workers and suggested that they worked in pairs for safety reasons. He stated that a further issue was access to toilet
Page 202 facilities for those workers when out on patrol and asked if officers could give the matter some consideration.
Councillor Edwards thanked officers for the report and also the Mayor for visiting Sion Mills as part of his initiative on tackling dog fouling. He also extended his thanks to the additional staff who carried out tremendous work, particularly in the Sion Mills and Castlederg areas.
The Chair referred to the proposed re-opening of leisure centres and asked how this would affect the provision of staff who currently assisted dog wardens.
In response, the Head of Health and Community Wellbeing advised that the re-opening of the leisure centres should not impact the staff resource as Council has employed a number of casual staff to participate in this initiative, therefore the impact should be minimal and would be kept under review.
In terms of Councillor Harkin‟s queries, he advised that officers would continue to monitor the usage of bins and that the environmental services section had done an excellent job in terms of the provision of bins to date. He stated that Council will continue to provide a reasonable number of dog bins in appropriate locations. He stated that it was important to utilise available staff resource effectively when carrying out patrols.
Continuing, he stated that it was important to note that staff were not carrying out enforcement activities and if enforcement duties were required, the number of staff patrolling an area could be increased. He stated that in terms of provision of toilet facilities for staff on patrol he advised that the patrols were flexible with staff being able to choose start and finish times, breaks and the location of patrols.
Councillor Mooney concurred with the sentiments expressed by the previous speakers. He queried that if the Committee accepted recommendation 5.1.3 what would be the reduced level of function for staff.
In response, the Head of Health and Community Wellbeing advised that if the proposal was endorsed by the Committee the resources would be kept under review. He further advised that whilst there would be an impact on other service areas, the intention would be to reduce staff resource to about half and will keep it under review subject to needs of
Page 203 other service areas.
Councillor R Barr stated that there seemed to be a shortage of dog foul bins and litter bins and asked if there was a particular reason for this.
In response, the Head of Health and Community Wellbeing advised that officers would liaise with colleagues in the Environment and Regeneration Directorate who would provide bins for both dog foul and litter. He stated that Officers were attempting to strike the correct balance between the appropriate number of bins placed in appropriate locations. He advised that the bins had to be emptied on a regular basis which would also impact the staff resource required.
Councillor Logue thanked the Head of Community Health and Wellbeing for the comprehensive report. She stated that she was aware that no dog fouling bins were available in an area along Foyle Road known as „the line‟. She stated that the area was a popular walkway for local residents and others throughout the City. She stated that she had spoken to Council officers on the matter and she was assured that a delivery of bins was expected in the coming days. She asked that this area be prioritised whenever the bins arrived.
In response, the Head of Health and Community Wellbeing stated that they would liaise with colleagues in the Environment and Regeneration Directorate on the matter. He advised that the location of the bins would be plotted on a map and made available on the Council website. This would also to tie in with the dog control orders.
The Committee
Recommended that Members (i) endorse to extend the campaign with a reduced level of patrols and associated number of staff; (ii) Members note that three additional Dog Control Orders came into effect on 5 April 2021 and (iii) Members note that Council has entered into a three-year lease agreement with Pet FBI to provide a kennelling service for stray dogs collected by Council.
HC109/21 Deputations Updated
Page 204 The Director of Health and Community presented the above report, details of which had been previously circulated to Members. The purpose of the report was to update Members on outstanding deputations to the Health and Community Committee and to seek Members‟ consideration on specific deputations associated with Addiction Services and Drugs.
Councillor Farrell supported the recommendation within the report with the addition of an amendment. He stated that in terms of groups from the addiction sector he wished to extend an invitation to Mr Liam Stewart from Heal the Hurt. He stated that Mr Stewart carried out a lot of great work in the addiction sector and it would be beneficial to hear his views.
He referred to a Special Meeting of the Health and Community Committee that was intended to take place in November 2020 where the Western Health and Social Care Trust (WHSCT) were invited to speak on its rebuild plans. He noted that the Minister for Health recently launched the rebuild plan for April to June and the WHSCT had also published its rebuild plan. He asked if any plans had been made to bring the WHSCT to Council to brief Members on that plan.
In response, the Director of Health and Community advised that Council had a standing arrangement with the WHSCT that they would provide 3-4 presentations annually to the Committee. She stated that WHSCT representatives were unable to attend the November meeting due to Covid pressures. She advised that the invitation still remained open and would contact representatives from WHSCT accordingly.
She advised that other outstanding deputations, in terms of the Health and Community Committee included: Western Urgent Care Lotus Wellbeing Integrated Care Partnership. An integral presentation arising from the North West Ministry of Youth Developing Healthy Communities in terms of the WHO designation process and application for the next phase of the programme.
Councillor Duffy concurred with Councillor Farrell‟s recommendation to extend an invitation to Heal the Hurt. She stated that there were a number of other organisations that carried out sterling work in terms of
Page 205 addiction and therefore requested that the Mayor reconvened a meeting of the Civic Forum as a matter of urgency. She stated that the Forum had been successful in the past and presented an opportunity for Members to liaise with statutory and voluntary agencies across a wide range of issues.
In response, the Head of Health and Community Wellbeing advised that the next meeting of the Civic Forum was scheduled to take place on Monday 26 April 2021 and that Members would be issued with the agenda in due course.
The Committee
Recommended That Members approve that a Special Meeting of the Health and Community Committee be convened on Monday 10 May 2021 to receive those organisations specified in the March motion with the addition of Heal the Hurt to address both addiction services and drugs use.
HC110/21 Health and Community Directorate Annual Service Delivery Plan 2021/22
The Director of Health and Community presented the above report, details of which had been previously circulated to Members. The purpose of the report was to seek Members‟ approval for the delivery plan for the Health and Community Directorate for 2021/22.
Councillor McHugh referred to the Community Toilet Scheme within the Service Delivery Plan. He expressed concern at the recent announcement that the £20,000 earmarked via funding from the Department for Communities (DfC) towards the Community Toilet Scheme at Derg Valley Leisure Centre would not be available as it had not been spent before 31 March 2021. He stated that he hoped there was provision available to prioritise it at a future date. He stated that the public toilet in Castlederg has been removed and the Community Toilet Scheme was in operation in the town centre. He sought clarification that Council could not apply for that money from DfC for the incoming year, in order to guarantee funding to allow that much needed facility to proceed.
In response, the Head of Health and Community Wellbeing advised that
Page 206 although the full level of funding was secured from two different sources, because the works were not completed within the 2020/2021 financial year a proportion of that funding did not materialise. He advised that Council may have an opportunity to resubmit the application and was hopeful that this opportunity would arise shortly. However, if this did not materialise Officers would attempt to establish if the funds required to complete that particular project could be secured.
Councillor McHugh thanked the Head of Health and Community Wellbeing for the response provided. He sought assurance that Officers would do everything possible to attempt to identify funding from savings elsewhere.
Alderman Hussey concurred with the sentiments expressed by Councillor McHugh. He stated that further information had recently been issued from Council that the project at Derg Valley Leisure Centre and at Strathroy and it was his understanding that the £20,000 from DfC was an assistance funding and that those projects were ready to proceed.
In response, the Head of Health and Community Wellbeing advised that he would follow up on the comments raised and report back to Members accordingly.
The Committee
Recommended that Members approve the Health and Community Directorate Annual Service Delivery Plan 2021/22.
Open for Information
HC111/21 The Health Protection (Coronavirus, Restrictions) (No.2) Regulations (NI) 2020 – Update on the work of the Health and Safety and Consumer Protection Team 2020/2021.
The Head of Health and Community Wellbeing presented the above report, details of which were previously circulated to Members. The purpose of the report was to update Members on the work of the Environmental Health Department with regards to the Health Protection (Coronavirus, Restrictions) (No.2) Regulations (NI) 2020 and
Page 207 to update the Committee on the designation of Derry City and Strabane District Council as an enforcement body with respect to the Health Protections (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020.
The Committee
Recommended that Members note the content of the report.
HC112/21 Correspondence
The Director of Health and Community presented the above report, details of which were previously circulated to Members. The purpose of the report was to update Members on correspondence received by Council.
The Committee
Recommended that Members note the contents of the report. HC113/21 Consultations
The Director of Health and Community presented the above report, details of which were previously circulated to Members. The purpose of the report was to update Members on consultations received by Council.
Alderman Hussey referred to the DfC consultation for a new sport and physical activity strategy for Northern Ireland. He stated that for physical activity, physical locations were required and that Council consultation and reports had indicated a shortage of pitches particularly in the Sperrin and Derg DEAs. He queried if Council was submitting a response to the consultation, relating to the need for physical infrastructure for sport and physical activity to actually take place.
In response, the Director of Health and Community stated that the consultation was a cross-cutting sport and physical activity strategy across all departments of the Assembly. She advised that it also contained the expectation that there would be an outcome measure within the one-year Programme for Government which would support that work. He further advised that Council was feeding into the
Page 208 consultation and the physical infrastructure was a key part of Council‟s requirement.
Continuing, she noted that consultation had taken place with Councils through the Chief Leisure Officers Association. She stated that this would provide the opportunity to input into that consultation and to receive feedback to what the proposed priorities would be. She stated that Officers would actively pursue the matter and take further views from Members and from the Sports Forum and Sports Committee to ensure that Council‟s response reflected the widest possible range of needs.
Councillor Edwards stated that it was his understanding that Council had ambitions for a new 4G pitch in the rural Strabane area and asked if the location for that project had been confirmed.
In response, the Director of Health and Community advised that the consultation within the Playing Pitch Strategy related to the Equality Impact Assessment process. She stated that the information within the consultation was currently being analysed and would be presented in a report to a future Committee meeting. She further advised that the location for the 4G pitch was part of the feasibility/business case process and the various site options will be considered depending on the benefits and opportunities and funding availability to determine the final location.
The Committee
Recommended that Members note the contents of the report.
The meeting went into Confidential Business.
Page 209 This page is intentionally left blank Agenda Item 8i
Derry City and Strabane District Council
Open Minutes of the Bi-Monthly Meeting of the Assurance, Audit and Risk Committee held remotely on Monday 19 April 2021 at 4.00pm.
Present: - Councillor McKinney (Deputy Chair); Alderman Guy, Kerrigan; Councillors Carr, Donnelly, Doyle, Durkan, Ferguson, Kelly, Logue, McGuire, McKeever, O’Neill and Reilly.
Non-Members of Committee: - Alderman McClintock, Councillor Duffy, McHugh and Mooney.
In Attendance:- Mr J Kelpie (Chief Executive), Mrs D McDonnell (Lead Assurance Officer), Mr A Dallas (Lead Finance Officer), Mr J Harrigan (Internal Audit Manager) Mrs O O'Doherty (Corporate Health and Safety Officer), Mr P Kingston (Lead Legal Services Officer), Ms A Begley (Insurance and Risk Manager), Mrs C Kane (Northern Ireland Audit Office), Ms B Slevin (Independent Advisor) and Miss J Short (Committee Services Assistant).
AAR14/21 Notice and Summons of Meeting
The Lead Assurance Officer read the Notice and Summons for the Meeting.
AAR15/21 Member Attendance and Apologies
The Lead Assurance Officer completed the roll call and recorded apologies from Alderman Ramsey (Chair of Committee).
AAR16/21 Statement for Remote Meetings
The Deputy Chair read the statement for Remote Meetings.
AAR17/21 Declarations of Members’ Interests
There were no declarations of interest.
Page 211 2
Open for Decision
Chairperson’s Business
The Deputy Chair stated that he had received a request from Councillor Doyle to raise an issue under Chairperson’s business. He stated that he was content to accept the request, however in line with protocol he would not accept a motion to be discussed by the AAR Committee and suggested that a motion request be submitted for discussion at a relevant Committee or Full Council meeting.
The Deputy Chair invited Councillor Doyle to speak.
AAR18/21 Advice Services Provision
Councillor Doyle firstly declared an interest as a member of the Ballyarnett Local Growth Partnership and Carnhill Community Centre.
He referred to an issue which he considered serious and would potentially result as wide-ranging problem concerning the Advice Service provision. He stated that at a meeting of the Advice Services Panel held on 16 February 2021, a proposal to top slice all advice provider funding was agreed by SDLP and SF. He expressed concern that as a result, Advice NW would have lost almost £25k, RCD potentially around £11k and Dove House would gain over £35k. He further stated that RCD would be reduced to around 2014/15 levels, Dove House would be at its highest ever and Advice NI would be reduced to 2017/18 levels despite other provider caseloads were less. He stated that information provided to Members had indicated that under the current formulae despite Advice NW doing 3-5% more work than 2017, their funding would be reduced.
Councillor Doyle continued by stating that RCD had confirmed they received zero referrals from GSAP as the secretariat for DfC project on behalf of Ballyarnett LGP for the Access to Food Programme and for food or fuel provision. He further stated that Advice contacts by DEA by providers indicated that Dove House handled more cases in Ballyarnett than RCD during April – December 2020 period.
Continuing, Councillor Doyle referred to a meeting that Members had with providers on 29 March, and 3 providers were asked if they were under the impression that Council informed them not to worry about recording numbers during the pandemic and all providers independently confirmed yes. He added that briefings revealed that
Page 212 3
some providers would not record the same case types as others and different providers received referrals from programmes such as Access to Food where others had not resulting in an impact in case numbers and funding provision. He asked that due to a lack of transparency in the system that an audit and assurance investigation be carried out.
Councillor Duffy (non-committee Member) commented that she was confused about Councillor Doyle’s allegation and the point he made in terms of the provision of advice services in Ballyarnett, because she was aware that Carnhill Resource Centre was not the only advice provider in that area.
Councillor Reilly stated that discussions had taken place regarding the Advice Services Panel at previous meetings of the Health and Community Committee, and the position of SDLP was made clear at those meetings and documented in the minutes. He further stated that no formal recommendations had been agreed.
The Deputy Chair brought the discussion to a close at this stage. He reminded Councillor Doyle to submit a motion to be presented to Full Council if he so desired.
AAR19/21 Matters Arising from the Open Minutes of the Assurance, Audit and Risk Committee Meeting held on Monday 15 February 2021.
There were no matters arising from the above minutes.
AAR20/21 Internal Audit Reports
The Internal Audit Manager presented the above report, details of which was previously circulated to Members. The purpose of the report was to update Members on the Internal Audit work carried out within Derry City and Strabane District Council in the period April 2021 to June 2021.
The Committee
Recommended that Council approve the contents of the Internal Audit Reports.
Page 213 4
AAR21/21 Internal Audit Strategy 2021/2022
The Internal Audit Manager presented the above report, details of which was previously circulated to Members. The purpose of the report was to seek Members’ comments and approval for the Internal Audit Strategy 2021/2022.
The Committee
Recommended that Council approve the Draft Internal Audit Strategy 2021/22.
AAR22/21 Internal Audit Plan 2021/2022
The Internal Audit Manager presented the above report, details of which was previously circulated to Members. The purpose of the report was to seek Members’ comments and approval for the Internal Audit Plan for 2021/2022.
The Committee
Recommended that Council approve the Internal Audit Plan 2021/2022.
AAR23/21 Derry City and Strabane District Council – Annual Audit Letter 2019/20
The Northern Ireland Audit Officer presented the above report, a copy of which was previously circulated to Members. The purpose of the report was to seek Members’ endorsement of the Council’s Annual Audit Letter for the financial year 2019/2020.
The Committee
Recommended that Council endorse the contents of the Annual Audit Letter for Derry City and Strabane District Council.
Page 214 5
AAR24/21 Northern Ireland Audit Office Audit Strategy
The Lead Assurance Officer presented the above report, details of which was previously circulated to Members. The purposed of the report was to seek Members’ endorsement of the Northern Ireland Audit Office’s Audit Strategy for Derry City and Strabane District Council for 2020/21.
The Committee
Recommended that Council endorse the contents of the NIAO’s Audit Strategy for Derry City and Strabane District Council for 2020/21.
AAR25/21 Health, Safety and Wellbeing Committee Reports Update September 2020
The Corporate Health and Safety Officer presented the above report, details of which was previously circulated to Members. The purpose of the report was to provide an update to Members on the recent Health, Safety and Wellbeing Committee held on 15 March 2021, and to seek Members continued endorsement for the Health and Safety Management Systems and Processes in place within the organisation.
It was agreed that an updated version of the Audit Actions Status (Appendix L) would be presented to Members at the next meeting for information.
The Committee
Recommended that Council note the contents of the above report and continue to endorse the Health and Safety Management Systems and Processes that are in place throughout the organisation.
AAR26/21 Risk Review Processes and Update on Council Service Risk Registers
The Insurance and Risk Manager presented the above report, details of which were previously circulated to Members. The purpose of the report was to update Members and seek their continued endorsement
Page 215 6
on ongoing Risk review processes in accordance with Council’s Risk Management Strategy.
The Insurance and Risk Manager in response to Councillor Doyle, clarified that the mental health issues of citizens were incorporated into the individual risks associated with each directorate of Council, because it was not perceived as a direct responsibility of Council.
The Committee
Recommended that Council note the contents of the Service Risk Register for Derry City and Strabane District Council.
The meeting went into confidential business.
Page 216 Agenda Item 10
Title of Report: Officer Presenting: Chief Executive Responses to Motions Author: Lead Democratic Services and Improvement Officer
1 Purpose of Report/Recommendations
1.1 To advise Members of correspondence received in relation to Motions passed by Council.
2 Correspondence
2.1 Motion – Support for the #400 Welcomes Campaign (C434/20)
At a Reconvened Meeting of Council held on 4 December 2020 the following Motion was passed:
That Council notes that around 13,000 people who fled the fire which destroyed the Moira refugee camp on the Greek island of Lesbos last month are living in dire conditions in makeshift settlements even as winter tightens its grip.
Families forced to abandon rag-tents and flimsy shelters in Moira now exist in even less humane and dignified circumstances in flung-up camps elsewhere on Lesbos, refugees twice over. Recognising their desperate situation, and in response to pleas from all over Europe, the Ministry for Migrants in Athens has undertaken to “accelerate” the Lesbos refugees‟ claims for asylum. However, this process depends on other countries‟ willingness to bid them welcome.
The #400Welcomes campaign was established to call for agencies across the island of Ireland to agree to welcome 400 women, men and children from Lesbos island – families, survivors of torture and gender-based violence, those with medical needs and those making the journey alone.
This Council agrees to support the #400Welcomes campaign; to write to both the Irish government and the Home Office to outline our support; and to ask the Home Office to facilitate the early arrival of 40 of the #400 to the Derry City and Strabane area and calls on the Irish government to also facilitate the early arrival of 400 men, women and children.
The following response was received:
Page 217 The Minister for Immigration Compliance and Justice, the Home Office – (Appendix 1).
2.2 Motion – Child Poverty (C101/21)
At a Meeting of Council held on 25 February 2021 the following Motion was passed:
That This Council notes with alarm the Department of Communities‟ Family Resources Survey 2018/2019 which show that 122,000 children in Northern Ireland live in relative poverty (24% of children) with 109,000 of those living in absolute poverty and expresses deep concern that these figures have increased significantly since the previous year and have not improved at all in the last five years.
The rise of the Universal Credit claimant count and expected end of the furlough scheme could see a further increase in these numbers, with the two-child tax credit rule and benefit cap only adding to the pressure on families with children. This Council calls on the Minister for Communities to convene immediately a child poverty task force, to set out how her department will reduce child poverty by next year and over the next decade.
The following response was received:
Director for Central Policy, Department for Communities - (Appendix 2)
2.3 Motion – Work of the Community and Voluntary Sector during the Coronavirus Pandemic (C104/21)
At the Meeting of Council held on 25 February 2021 the following Motion was passed:
That Derry City and Strabane District Council commend the voluntary work that has been carried out by the community and voluntary sector, particularly the community response groups, who have been supporting people throughout the Covid-19 pandemic.
Since March 2020, hundreds of people across the city and district have given their time and risked their health to ensure that those who required help got it and organised initiatives which maintained community morale.
We call on Council to formally acknowledge the good work of the community and voluntary sector in relation to the pandemic, we acknowledge the UNISON campaign for a payment to workers in the community and voluntary sector and bring a paper to the relevant committee to consider all aspects to recognise
Page 218 workers and volunteers in the sector.
Council supports the UNISON Community Branch campaign calling for all frontline Community and Voluntary sector workers to be recognised for the vital contribution they made during the COVID-19 pandemic - in delivering vital services to local people. Services which protected at risk individuals and families, providing a buffer for already disadvantaged working class communities, keeping local people safe and connected.
Council will write to Communities Minister Deirdre Hargey seeking clarification on whether C&V sector workers within her department will also receive a £500 thank you payment, which has already been announced for workers in health and social care.
The following response was received:
Voluntary and Community Division, Department for Communities (Appendix 3).
2.4 Motion – Ulster University Funding (C188/20)
At the Meeting of Council held on 25 June 2020 the following proposal was passed:
That Council demands that following Stormont‟s loan to UU for expansion in its North Belfast Campus, a similar financial support be made available to any new institutions in Derry.
Council recognises that proposed City Deal funding to Ulster University is central to the NI Graduate Entry Medical School and other job generating research projects such as CIDRA and CARL.
This Council demands that the British Government and Ulster University guarantee that any projects developed by the UU through City Deal funding will be based permanently in Derry. Council calls on the Stormont Executive and Dublin Government to clearly commit to funding ring fenced additional MasN places for the Magee Campus to maximise opportunities for expansion.
The following response was received:
Private Secretary to the Minister of Foreign Affairs – (Appendix 4).
2.5 Motion – Ban on Conversion Therapy throughout Northern Ireland (C102/21)
At the Meeting of Council held on 25 February 2021 the following motion was passed: Page 219
This Council opposes the harm caused to our LGBT+ community in the past through the denial of rights and equal treatment and further recognises that discrimination still occurs today.
This Council acknowledges and stands against the ongoing harm the practice of conversion therapy brings to LGBT+ people.
This Council calls on the Minister of Communities to continue to work with the Minister of Health and Minister of Justice to introduce an effective ban on conversion therapy within Northern Ireland, supported by a programme of work to help tackle these practices in all their forms.
Furthermore this Council will highlight and promote the continued support, counselling and advocacy our local groups provide to members of the LGBT+ Community.
The following response was received:
Head of Equality and LGBT Policy Unit, Department for Communities (Appendix 5).
2.6 Motion – Exploitation of Children through ‘Predatory’ Gambling (C108/21)
At a Meeting of Council held on 25 February 2021 the following Proposal was passed:
That as Council continue our journey towards recognition as a “Child friendly city”, we must advocate, safeguard and promote children‟s rights. UNICEF UNCRC article 36 – “Children have the right to protection from exploitation”
This Council calls on the Executive to; recognise with regulations, the harmful impact of “loot boxes” and to introduce a testing for potential harm of exploitation in relation to impact of problem and predatory gambling.
Write to the NI Executive to express our concerns and request that they investigate and legislate.
The following response was received:
Director, Local Government and Housing Regulation Division, Department for Communities - (Appendix 6)
2.7 Motion – Call for Restoration of the Great Northern Railway Line from Derry to Strabane (C100/21)
Page 220
At a Meeting of Council held on 25 February 2021 the following Motion was passed:
That this Council recognises the strategic, social and economic benefit of restoring the former Great Northern Railway line between Strabane and Derry as an essential first phase of getting Strabane and County Tyrone reconnected to the Irish railway network.
That this Council writes to the Fermanagh and Omagh, Mid-Ulster and Armagh and Banbridge and Craigavon District Councils in regards to the feasibility of restoring the rail link from Londonderry to Portadown.
This Council calls on the Department of Infrastructure to conduct a feasibility study supported by a business case to enable this proposal to be put into effect as soon as possible.
This Council agrees to write to the Minister of Infrastructure to show our support for including rail expansion to Strabane in the Regional Strategic Transport Network Plan to 2035 and further supports the Minister of Infrastructure in working with the Irish Government and on future rail expansion for the North West.
The following responses were received:
Councillor Mallaghan, Chair, Mid Ulster District Council - (Appendix 7). Minister for Infrastructure – (Appendix 8).
2.8 Proposal - Police Operations in the Creggan Area of the City (C130/21)
At a Meeting of Council held on 25 March 2021 the following proposal was passed:
That following a number of incidents involving violence and human rights violations against women, Derry City and Strabane District Council will write to the Northern Ireland Human Rights Commission and the Committee on the Administration of Justice, asking them to conduct an immediate investigation into recent complaints of inappropriate policing tactics used against women and vulnerable children in Creggan.
The following response was received:
Committee on the Administration of Justice - (Appendix 9).
2.9 Motion – Transformation of the National Health Service (C156/21) Page 221
At a Meeting of Council held on 25 March 2021 the following Motion was passed:
This Council expresses its unanimous support and thanks to the staff of the National Health Service in Northern Ireland. We thank them all for their dedication to their work and helping to save so many lives during the Covid-19 pandemic.
We call on all political parties to work together to help to achieve long term transformation in the Health Service. The National Health Service should not be used as a political football and we call on politicians from all parties to focus on providing long term, sustainable funding that will help deliver much needed reforms to help reduce long term waiting lists and relieve the huge pressures on its staff.
The following response was received:
Mr R Greenwood, Humanity - (Appendix 10).
2.10 Acknowledgements
Acknowledgements were received in respect of the following motions/proposals: C476/20 – Re-interment of „The Invincibles‟ to Glasnevin Cemetery at a meeting of Council on 17 December 2020 (Appendix 11). C64/21 – Irish Border Travel Restrictions at a Meeting of Council on 25 February 2021 (Appendix 12) C31/21 – Siege of Jadotville at a Meeting of Council on 28 January 2021 (Appendix 13) C134/21 – Importation of Italian Bees at a Meeting of Council on 25 March 2020 (Appendix 14).
3.0 Recommendation 3.1 Members are to consider the replies received and advise if any follow up action is required.
Page 222 Appendix 1
Chris Philp MP Minister for Immigration Compliance and Justice
2 Marsham Street London SW1P 4DF www.gov.uk/home-office
Mr John Kelpie Derry City and Strabane District County Council C/O Council Offices 98 Strand Road Derry BT48 7NN
DECS Reference: MIN/0134796/21 Your Reference: TJ/C434/20 19 March 2021
Dear Mr Kelpie,
Thank you for your letters of 18 December and 12 February to the Home Secretary on behalf of Derry City and Strabane District County Council about the #400Welcomes campaign and the situation for migrants and refugees on the island of Lesvos in Greece. I am replying as the Minister for Immigration Compliance and the Courts. I am sorry for the delay in responding to your correspondence.
The Government was very concerned by the reports and images which emerged following the devastating fire that destroyed the Moria camp on the island of Lesvos in Autumn, and has continued to actively monitor developments on the ground. We understand that Greek officials took immediate steps to relocate children and vulnerable migrants to mainland Greece for their safety and that they are now in the process of moving more migrants to the mainland. We also understand that the temporary site in Kara Tepe will be replaced by a new purpose-built permanent facility by Easter.
The UK has responded directly to requests from the Greek government to provide humanitarian support; most recently, following the devastating fire that destroyed the Moria migrant camp in Autumn last year. The UK Government provided kitchen sets to nearly 2,000 vulnerable families to assist them prepare and cook food, and solar lanterns to help them stay safe. This is in addition to our commitment earlier last year of £510,000 worth of humanitarian supplies and equipment to help vulnerable migrants and refugees on the Greek islands.
The UK Government has previously raised the conditions for migrants on the Greek islands with the Greek government, given our strong relationship, and will continue to do so where we have concerns.
The UK has a proud record of providing protection to those who need it. While the UK does not participate in the resettlement or relocation of refugees within Europe, our resettlement schemes have provided safe and legal routes direct from regions of conflict and instability for tens of thousands of people in greatest need of protection. In addition, the UK already provides routes for people to reunite with family members in the UK under the Immigration Rules, including the Refugee Family Reunion Rules, and Part 8 and Appendix FM of the Rules. Page 223 The UK has more Unaccompanied Asylum Seeking Children than any other country in Europe, including Greece. Many of these crossing the channel in small boats present as UASCs from similar countries to those in Greece (e.g. Iran, Iraq) and are being looked after in Kent. Kent County Council is understandably struggling to support such large numbers and has around 400 UASCs, far more than any other local authority anywhere in the UK and many, many times more than Derry. We have a voluntary transfer scheme (The NTS) to transfer UASCs from under pressure gateway authorities like Kent to others.
I am pleased to read about your desire to help refugees in Derry, so I would be grateful if you could let me know how many of the vulnerable asylum seeking children that arrive by small boat you would be willing to take in Derry from Kent – would you be willing to receive just 10 of these asylum seeking children?
The Government has committed to review safe and legal routes to the UK and has a statutory duty to conduct a public consultation on family reunion for unaccompanied asylum-seeking children in the EU. On 8 February the Government met its statutory duty to lay a statement before Parliament providing further details of the review and consultation. This was published on GOV.UK at the following link: https://www.gov.uk/government/publications/statement-in-relation-to-legal-routes-from-the- eu-for-protection-claimants-including-family-reunion-of-unaccompanied-children.
Chris Philp MP
Page 224 Appendix 2
Paul McKillen Director for Central Policy Level 6 Causeway Exchange 1-7 Bedford Street Belfast BT2 7EG e-mail: [email protected] Telephone: (028) 9082 3558 (DD 39558) Your ref: TJ/C101/21 John Kelpie Our ref: CORR-0553-2021 Chief Executive Derry City and Strabane District Council C/o Council Offices 98 Strand Road Derry BT48 7NN 24th March 2021
Dear John,
Child Poverty Task Force
Thank you for your letter of 12th March 2021 to the Minister for Communities, asking that she immediately convene a Child Poverty Task Force. The Minister has asked me to respond on her behalf.
The Department for Communities (DfC) is responsible for taking forward poverty policy on behalf of the Executive. On 24 September 2020, Carál Ní Chuilín MLA, former Minister for Communities, announced the commencement of work on the development of a suite of Social Inclusion Strategies, including an Anti-Poverty Strategy, as part of the commitments under New Decade, New Approach.
The Anti-Poverty Strategy will be developed using a co-design approach with meaningful involvement from stakeholders throughout the process. In October 2020, an Expert Advisory Panel was appointed and tasked with producing recommendations to inform the development of the Strategy. The Panel has completed its work and its recommendations are available to view on the DfC website at: https://www.communities-ni.gov.uk/publications/report-anti-poverty-strategy-expert- advisory-panel.
The Department is working in conjunction with a Strategy Co-design Group, with representatives from 27 voluntary and community sector organisations, and a Cross- departmental Working Group to develop the Strategy.
Page 1 of 2 Page 225
In September 2020 the Executive agreed to extend the 2016-2019 Child Poverty Strategy to May 2022. The purpose of this extension is to allow time for key stakeholders to be consulted on whether the Anti-Poverty Strategy covering all age groups is sufficient, or whether the development of a Child Poverty Strategy is also required.
The most recent Child Poverty Annual Report, for 2019/20, was published on the Department for Communities website in September 2020. It reports on the measures which departments are taking to ensure, as far as possible, that children do not suffer socio-economic disadvantage. The areas of focus and actions fall under four high level outcomes – health, education, safe/secure stable living environments and economic well-being.
With this work currently in hand, the Department would not propose convening an additional body such as a Child Poverty Taskforce at this time.
In the course of the development of the Anti-Poverty Strategy, the Department will of course continue to engage with, and listen to, the views and ideas of those impacted by poverty and their representative organisations, and will continue to work collaboratively across departments to address their needs.
The Anti-Poverty Co-design Group will be assisting the Department to facilitate a number of feedback sessions in the coming months, where they will be actively seeking the views of stakeholders to inform their decisions on a range of specific areas of the recommendations. The Department plans to run a session to obtain the views of district councils and we will be writing to SOLACE with further details shortly. If you have any queries, please contact us at [email protected].
There will also be a public consultation in the latter half of this year and we would welcome comments from the Council when this is published.
Subject to Executive approval, it is planned that the Child Poverty Annual Report for 2020/21 will be published in the coming weeks and that an Anti-Poverty Strategy will be published in December 2021.
I hope you find this reply helpful.
Yours sincerely
Paul McKillen Director for Central Policy Department for Communities
Page 2 of 2 Page 226 Appendix 3
4th Floor, 9 Lanyon Place Lanyon Quay John Kelpie Chief Executive BELFAST BT1 3LP Derry City & Strabane District Council
Email: [email protected]
email: [email protected]
Our Ref CORR 0554-2021 26 March 2021
Dear John,
Re: £500 Recognition Payment for Voluntary & Community Workers
Thank you for your mail of 12 March to Minister Hargey. This has been passed to me for reply.
UNISON have written directly to Minister Hargey about their proposal for a Covid recognition payment and I have attached the Minister’s response to UNISON in relation to the issues raised which will be of interest to you.
Yours sincerely,
Bébhinn Ni Bhriain Voluntary and Community Division
Page 227
ANNEX A : COPY
From: The Minister Level 9
Causeway Exchange
1-7 Bedford Street
Belfast
BT2 7EG
Telephone: (028) 9051 2662
e-mail: [email protected] Our ref: CORR-0390-2021
Date: February 2021
Mr Joe McCusker
Regional Organiser UNISON NI
Galway House 165 York St
Belfast BT15 1AL
By email: [email protected]
Joe, a chara,
COVID RECOGNITION PAYMENT FOR WORKERS IN THE COMMUNITY & VOLUNTARY SECTOR
Thank you for your letter of 19 February and your call for a Covid recognition payment for workers in the voluntary and community sector.
As a community activist myself, I value and support the work of the Voluntary & Community Sector. I recognise the very clear and critical contribution it makes daily in our communities and the collective impact of the Sector, as demonstrated so clearly during the ongoing response to the pandemic. Workers in the Sector, both paid staff and unpaid volunteers, have been central to that collective response and continue to play a vital role in supporting the most vulnerable in our communities. Through my Emergencies Leadership Group, established just before the first lockdown, we have
Page 228
worked alongside sectoral leaders and partners on the ground to shape and support the community response, and that partnership work is continuing. The Group has not called for a recognition payment, but it has sought support for sectoral workers and volunteers on the ground to be able to manage their mental health and wellbeing. I was pleased to be in a position to fund the sector-wide Voluntary and Community Sector Workforce Wellbeing Programme that began before Christmas and will continue into next year.
Staff and volunteers in the voluntary and community sector are employed by many different independent organisations and these organisations have different sources of funding and other income. The Sector is diverse and has been impacted in different ways during the pandemic. The Executive provided support for a number of emergency funds to support charities, social enterprises and sectoral recovery. These combined measures, which my Department has implemented, have protected jobs and essential services in the Sector.
The flexibilities in grant funding that I immediately introduced at the outset of the pandemic will continue into next year and will allow organisations benefiting from Departmental funds to continue to have more control over how funds are used in a changing context. In the context of my absolute commitment to fair work and worker’s rights, I am also concluding a review of funding approaches, including the contributions that we make to salaries and pensions. I aim to ensure fair terms and conditions for all DfC-funded staff in the voluntary and community sector in recognition of the invaluable role the sector continues to play in delivering for our communities.
Is mise le meas,
Deirdre Hargey MLA
Minister for Communities
Page 229 This page is intentionally left blank Appendix 4
Page 231 Page 232 Appendix 5
From: The Head of Equality and LGBT Policy Unit Level 4 NINE Lanyon Place Belfast BT1 3LP
Telephone: (028) 9082 3358 e-mail: [email protected]
Our ref: CORR-0552-2021
Your ref: TJ/C102/21
Date: 29 March 2021
Mr John Kelpie Chief Executive Derry City and Strabane District Council 98 Strand Road Derry BT48 7NN
Via email to: [email protected] Laura McGrory, Assistant to Siobhan Faulkner, Chief Executive’s PA
Dear Mr Kelpie
DERRY CITY AND STRABANE DISTRICT COUNCIL Thank you for your letter and e-mail of 12 March 2021 to Minister Hargey, giving details of the motion passed by Derry City and Strabane District Council on 25 February 2021 in relation to discrimination against the LGBT+ community and support for an effective ban on all forms of conversion therapy in Northern Ireland. Minister Hargey has asked me to reply on her behalf.
The Department for Communities is responsible for taking forward the Executive’s Sexual Orientation Strategy under New Decade, New Approach. In October 2020 Carál Ní Chuilín MLA, Minister for Communities at that time, appointed the Sexual Orientation Expert Advisory Panel to identify the themes and key actions the Strategy should include and the gaps in provision that it should seek to address. The Panel’s Report was published on 5 March 2021. The Strategy is being developed further using a co-design approach, with meaningful involvement from those within the LGBTQI+ communities and officials across other departments.
Page 233
In addition, the Department has written to SOLACE (NI) to obtain the views of district councils regarding their contribution to actions under the Strategy to improve the lives of LGBTQI+ people in the community.
The draft Strategy will be subject to public consultation, which will provide further opportunity for comment from local government.
Minister Hargey is on record stating her opposition to the practice of so called ‘conversion therapy’ and her determination that it should end as soon as possible. The Expert Panel’s Report referred to above includes recommendations aimed at ending conversion therapy.
As noted in the motion passed by the Council on 25 February 2021, ending conversion therapy will engage a range of Minsters’ interests. This will be taken forward through the Executive’s Sexual Orientation Strategy as a cross-cutting matter.
Subject to Executive agreement, the final Strategy will be published in December 2021. More details can be found on the Department’s website www.communities- ni.gov.uk/articles/sexual-orientation-strategy .
The Minister acknowledges Derry City and Strabane District Council’s support for her work in ending conversion therapy in the North and looks forward to the Council’s contribution to the development and implementation of the Sexual Orientation Strategy.
Yours sincerely
Carl Savage Head of Equality and LGBT Policy Unit
Page 234 Appendix 6
Director Local Government and Housing Regulation Division Causeway Exchange 1-7 Bedford Street BELFAST BT2 7EG Telephone: 028 90 82345
E-mail: [email protected]
John Kelpie E [email protected] Your ref: TJ/C108/21
Our ref: CORR-0605-2021
30 March 2021
Dear Mr Kelpie
CHILD FRIENDLY CITY: LOOT BOXES AND PROTECTING CHILDREN
Thank you for your letter of 12th March 2021, on behalf of Derry City & Strabane District Council, to the First and deputy First Minister in relation to a recent Council motion about ‘loot boxes’ and the impact of problem and predatory gambling on children. As the Department for Communities (DfC) has responsibility for gambling regulation, I have been asked to reply.
Last year, the Department undertook a public consultation on the future regulation of gambling here. The possibility of introducing legislative measures to further protect children from gambling exploitation and harm was one of the issues considered as part of that consultation. A report on the outcome was published last November. I enclose a link to this below for your information.
https://www.communities-ni.gov.uk/consultations/consultation-regulation-gambling- northern-ireland
The Minister has since been considering the results of this consultation and is keen to bring forward proposals for legislative change as soon as she is in a position to do so.
Page 235 Furthermore, and with regard to potential harms, the Council may know that, in response to a Westminster Select Committee report on Immersive and Addictive Technologies, the Department for Digital, Culture, Media and Sport (DCMS) last year launched a public call for evidence on loot boxes and, in particular, how they operate and the impact of current protections such as parental controls and consumer regulations. Relevant links are included below. https://www.gov.uk/government/news/government-launches-call-for-evidence-on-video- game-loot-boxes https://www.gov.uk/government/consultations/loot-boxes-in-video-games-call-for-evidence
We understand that DCMS is currently analysing the responses it has received to this call to help it determine if action is needed. We, of course, are continuing to watch developments closely and thank the Council for their interest in this matter.
I trust you find this response helpful
Yours sincerely
Anthony Carleton Director, Local Government & Housing Regulation Division.
Page 236 Appendix 7
Our Ref: C060/21 07 April 2021 Your Ref: TJ/C100/21
By Email: [email protected]
Mr Kelpie Chief Executive Derry City & Strabane District Council Council Offices 98 Strand Road Derry BT48 7NN
Dear Mr Kelpie
At a meeting of Mid Ulster District Council held on 25 March 2021, Members resolved to support the undernoted Motion resolved by Derry City & Strabane District Council.
That this Council recognises the strategic, social and economic benefit of restoring the former Great Northern Railway line between Strabane and Derry as an essential first phase of getting Strabane and County Tyrone reconnected to the Irish railway network.
That this Council writes to the Fermanagh and Omagh, Mid Ulster and Armagh and Banbridge and Craigavon District Councils in regards to the feasibility of restoring the rail link from Londonderry to Portadown.
This Council calls on the Department of Infrastructure to conduct a feasibility study supported by a business case to enable this proposal to be put into effect as soon as possible.
This Council agrees to write to the Minister of Infrastructure to show our support for including rail expansion to Strabane in the Regional Strategic Transport Network Plan to 2035 and further supports the Minister of Infrastructure in working with the Irish Government and on future rail expansion for the North West.
Council has issued correspondence to the Minister of Infrastructure to express its support.
Yours sincerely
Councillor Cathal Mallaghan Chair
Cookstown Office Dungannon Office Magherafelt Office Telephone 03000 132 132 Burn Road Circular Road Ballyronan Road Cookstown Dungannon MagherafeltPage [email protected] BT80 8DT BT71 6DT BT45 6EN www.midulstercouncil.org This page is intentionally left blank Appendix 8
From the office of the Minister for Infrastructure Nichola Mallon MLA
Room 708 Clarence Court 10-18 Adelaide Street Mr John Kelpie BELFAST BT2 8GB Chief Executive Telephone: (028) 9054 0540 Derry City and Strabane District Council Email: [email protected]
Your reference: XXXX [email protected] Our reference: CORR-0514-2021 09 April 2021
Dear Mr Kelpie.
FORMER GREAT NORTHERN RAILWAY
Thank you for your email dated 12th March 2021, detailing Derry City and Strabane District Council’s recent motions to examine the feasibility of re-connecting Strabane to the railway network along the route of the former Great Northern Railway. I note your interest in the Regional Strategic Transport Network Transport Plan (RSNTP) and in my ongoing cross-border co-operation on the all-island high speed rail project with Minister Eamon Ryan TD.
You may be aware that in 2013 the Department for Regional Development held a public consultation on a number of future railway priorities, including re-opening former lines such as the Strabane-Derry line. Its conclusions, published in 2014 as The Railway Investment Priority Strategy, stated that it may not be economically viable to re- establish rail links in rural areas with lower population densities, but there could be the potential to extend the rail network in key locations.
However, since becoming Minister for Infrastructure, I have been clear that my priority is addressing regional imbalance, better connecting communities and, importantly, ensuring that we shape our places around our people, for our people, and with our people. Putting more and more cars on the road is no longer a viable solution to our transport needs. In that regard, it is clear that our rail network presents a unique opportunity to improve the sustainability of our transport operations. I am heartened that the Council shares these values of sustainable transport.
Page 239 An ambition to connect all areas of Northern Ireland through expansion of the rail network would require significant levels of funding well beyond that currently made available to my Department. While recognising the severe budgetary constraints at present I am clear that this should not limit our ambition in planning to transform peoples’ lives.
As you are aware, the Department is currently preparing a new Regional Strategic Transport Network Transport Plan (RSTNTP) which will set out my priorities for future development of the main road and rail networks to 2035. I expect to publish the Draft RSTNTP for consultation towards the end of this year and I would welcome your input into expanding rail services across Northern Ireland and the North West.
In addition to this work and to address the lack of rail services to the North West, I have commenced a new feasibility study to get the Phase 3 upgrade of the Derry to Coleraine railway back on track. I have also commissioned a separate study to explore the option of halts and associated park and ride facilities at Strathfoyle, Eglinton/City of Derry Airport and Ballykelly. This new study will also examine the possibility of introducing half hour services on the Derry to Belfast line.
I have also agreed to provide financial assistance to Armagh City, Banbridge and Craigavon Borough Council, for a feasibility study to examine whether the former track bed between Portadown and Armagh is suitable for restoration. Early scoping work into this rail extension has already been undertaken, which indicated this may be a viable option. I am keen to see the findings of this feasibility report.
I am committed to working across these islands to improve our rail network and I continue to engage with, and make representations to, the British Government in respect of honouring the commitments made in New Decade New Approach to ‘turbocharge infrastructure’ including a high speed rail link between Belfast, Dublin and Cork.
I am of the view that Northern Ireland cannot operate in isolation as we seek to better connect our citizens. In that regard, I have reached agreement with the Transport Minister, Eamon Ryan TD, to extend the feasibility study into high speed rail between Derry-Belfast–Dublin–Cork to a Strategic All Island Rail Review that will allow us to consider our rail connectivity across the whole of Ireland. This Review will consider how we connect all parts of Ireland through our rail network and will critically examine where we can make the greatest impact.
I have huge ambitions for our rail network and am keen to do all that I can to explore how we can progress rail improvements, mindful of course of financial viability, as we
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grow our all-island economy, improve the ability of people to connect with and access opportunities, address regional imbalance and together tackle the climate crisis.
NICHOLA MALLON MLA Minister for Infrastructure
Page 241
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Your Ref: TJ/C130/21 Mr John Kelpie Chief Executive Derry City and Strabane District Council (DCSDC)
By Email
21 April 2021
Dear Mr Kelpie The Committee on the Administration of Justice (‘CAJ’) is an independent human rights organisation with cross community membership in Northern Ireland and beyond. It was established in 1981 and lobbies and campaigns on a broad range of human rights issues. CAJ seeks to secure the highest standards in the administration of justice in Northern Ireland by ensuring that the Government complies with its obligations in international human rights law. We are writing in response to your correspondence of Friday 16th April 2021 in reference to the following motion passed by the Council (by 31 votes to 6, 2 abstentions) on the 25 March 2021: That following a number of incidents involving violence and human rights violations against women, DCSDC will write to the Northern Ireland Human Rights Commission and the Committee on the Administration of Justice, asking them to conduct an immediate investigation into recent complaints of inappropriate policing tactics used against women and vulnerable children in Creggan. CAJ first became aware of this motion through the media. We consequently made contact with the Council and sought copies of the complaints in question and consent to look into them. In response we received your correspondence of Friday the 16th April 2021 which contains extracts from the draft Minutes of the Council meeting in question in relation to this motion - and a previous motion on the same issues - in which elected representatives discuss the matters in question. It is this information, plus relevant information available through the media on which we base this response. CAJ is a small independent non-governmental organisation (NGO), and consequently we do not have any investigations powers as such (for example to compel the disclosure of documentation, footage or to interview officers). We can however assess the extent to which the matters described comply or conflict with human rights standards in specific reference to the PSNI. This includes relevant standards in the European Convention on Human Rights (ECHR) and its incorporation into domestic law through the Human Rights Act 1998. It also includes UN human rights standards relating to policing, on matters such as the
Promoting Justice / 1st Floor, Community House Tel: (028) 9031 6000 Protecting Rights Citylink Business Park Email: [email protected] 6A Albert Street Website: www.caj.org.uk Belfast, BT12 4HQ Page 243
use of force, including the UN Code of Conduct for Law Enforcement Officials, the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials as well as the (Council of Europe) European Police Code of Ethics. We can also comment on the extent to which such standards are codified into policy binding on the PSNI, particularly in relation to the PSNI Code of Ethics, published in 2008. PSNI officers are required to comply with the provisions of the Code of Ethics, which forms part of the standards against which a complaint of PSNI misconduct will be assessed.1 The Northern Ireland Human Rights Commission (NIHRC) has formal powers of investigation in relation to its functions that include keeping under review the effectiveness of law and practice relating to the protection of human rights. The NIHRC has formal investigation powers under s69A of the Northern Ireland Act 1998. These includes powers to compel the production of information, documents and oral evidence. The NIHRC is to publish reports of its investigations. There are some qualifications on these powers, including a range of ‘national security’ qualifications under s69B. The Police Ombudsman has the statutory function to investigate complaints of misconduct and criminality against PSNI Officers. To this end, the Ombudsman has formal policing powers – including in relation to questioning PSNI officers and recovering evidence and footage in order to investigate such complaints. The Current Investigations Directorate undertakes this.2 We are conscious that reference has been made to the Ombudsman not upholding previous complaints regarding the use of stop and search that may be deterring other complaints from being lodged. We would draw attention however to the problems we have identified with stop and search (and particularly those using ‘no-suspicion’ powers under the Justice and Security NI Act 2007) relating to the legislation itself affording very wide discretion. Whilst this risks arbitrary usage of the powers it is less likely to constitute individual ‘police misconduct’ as such as the rules the legislative scheme makes are so broad officers are likely to be acting within them. The present complaints relate to matters of alleged disproportionate use of force, where it may be easier to demonstrate internal rules have been broken and hence misconduct has been committed. In addition to the individual complaints function, under powers inserted as a result of s13 of the Police Act NI 2003, the Police Ombudsman has broader powers to conduct a ‘thematic investigation’ into current practices and policies of the PSNI where it is in the public interest to do so. These particular ‘thematic’ powers are relevant to circumstances where an area of policing could be investigated relating to matters that are systemic. Turning to the particulars of the present complaints, which relate to a specific policing operation in the Ballymagowen area of the Creggan Estate to conduct a house search. From the material provided by Elected Representatives the main issues we have identified, can be summarised as follows, into three thematic areas which we assess in turn:
1 https://www.nipolicingboard.org.uk/psni-code-ethics 2 https://www.policeombudsman.org/About-Us/Current-Investigations
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1: That the police deployment for the search operation was disproportionate. Concerns are expressed by elected representatives that the deployment for the search operation was disproportionate. Around twenty armoured police vehicles were involved in the operation, officers were heavily armed and it is implied a broader than needed area was sealed off to facilitate the search. A concern was expressed by a Councillor that the search operation was collective punishment in the form of an attack on the community in the Creggan. Another Councillor indicated that the deployment was proportionate to the threat faced by officers. The key principles that can be drawn from human rights in relation to this are that the deployment should only consist of be what is proportionate and necessary to undertake the search in its particular context. This would relate to the equipment and personnel deployed, and the length of time of the deployment. Records should be kept that record the rationale of the decision making. The proportionality question in relation to the deployment will be related to the threat officers may face of attack, including from firearms, and also the potential for disorder in relation to the search. There should be an emphasis on the supply of defensive equipment to keep officers safe rather than equipment to facilitate the use of force. A cordon should only be set up using a lawful power to do so and the investigation leading to the search should take place on the basis of ‘reasonable suspicion’ and the search on the basis of a lawfully granted power. General human rights principles, including under the ECHR, support the proportionality principle regarding deployments. The normalisation provisions of the Patten Commission report also support the demilitarisation of the police service, subject to the prevailing security situation. The UN Principles on the Use of Force provide, for officers to be “equipped with self-defensive equipment such as shields, helmets, bullet-proof vests and bullet-proof means of transportation” for the purpose of reducing the need to use force or weapons of any kind.3 The Council of Europe Code of Police Ethics provides that: “Police investigations shall, as a minimum, be based upon reasonable suspicion of an actual or possible offence or crime.”4 Such standards are reflected in the binding PSNI Code of Ethics, including in the following provisions: 2.1 Police investigations shall, as a minimum, be based upon reasonable suspicion of an actual or possible offence or crime. They shall be conducted in a prompt, thorough, impartial and careful manner so as to ensure accountability and responsibility in accordance with the law. 3.2 Police officers shall exercise powers of search and surveillance only when it is lawful, necessary and proportionate to do so. 4.2 Police officers responsible for the planning and control of operations where the use of force is a possibility shall so far as possible plan and control them to minimise recourse to the use of force…
3 Principle 2 https://www.ohchr.org/en/professionalinterest/pages/useofforceandfirearms.aspx 4 Recommendation 47 https://rm.coe.int/16805e297e
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In relation to the Creggan deployment, whilst we are not privy to specific threat assessments, it is clear that there remains a general threat to the lives of PSNI officers from residual republican armed groups. This itself will affect the proportionality of the deployment as clearly in the absence of such a threat such a heavy armed deployment could not be justified. The public order considerations relating to the operation could also have considered questions such as the viability of a more limited deployment with the broader team waiting at a distance or officers remaining in vehicles, shorter cordons, or a more time limited operation. Further examination of the Tactical and Deployment orders by a competent investigative body with a full picture of the broader circumstances, including from the local community would be better placed to make an assessment as to whether the deployment in this circumstance was proportionate. In relation to the disputed purpose of the operation, this could also be subject to scrutiny by an oversight body or a court with sufficient powers to ensure any warrants/authorisations and powers were used lawfully and for a permitted purpose of investigation on the basis of reasonable suspicion. 2: The use of force by officers was disproportionate The second set of issues raised by elected representatives relates to the use of force. This includes concerns that a child was assaulted, and an arrested man being hooded (presumably a spit/bite hood). There are concerns that bystanders were “pushed and accosted with one being seriously assaulted” and “attacked by batons with one person receiving a serious head injury.” A specific concern relates to a woman being pinned to the ground by three male PSNI officers. In general, human rights standards set out that Police officers “may use force only when strictly necessary and to the extent required for the performance of their duty”.5 This includes acting with “particular consideration for the situation of individuals belonging to especially vulnerable groups” – including children- and carrying out tasks in a non- discriminatory manner.6 The gender-based considerations to this end are important, including in circumstances where persons are protesting or otherwise assembling.7 These principles are reflected in the PSNI Code of Ethics including Article 4.1 which states: “Police officers, in carrying out their duties, shall as far as possible apply non-violent methods before resorting to any use of force. Any use of force shall be the minimum
5 See Article 3 UN Code of Conduct for Law Enforcement Officials: https://www.ohchr.org/en/professionalinterest/pages/lawenforcementofficials.aspx 6 Recommendation 40, 44 European Code of Police Conduct https://rm.coe.int/16805e297e 7 See for example Joint Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai, and the Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns on the proper management of assemblies, UN Doc A/HRC/31/66 (4 February 2016), available at http://freeassembly.net/wp-content/uploads/2016/02/A.HRC_.31.66_E_with_addendum.pdf Paragraph 16 “Particular effort should be made to ensure equal and effective protection of the rights of groups or individuals who have historically experienced discrimination. This includes women, children and young people, persons with disabilities, non-nationals (including asylum seekers and refugees), members of ethnic and religious minorities, displaced persons, persons with albinism, indigenous peoples and individuals who have been discriminated against on the basis of their sexual orientation or gender identity (A/HRC/26/29). This duty may require that authorities take additional measures to protect and facilitate the exercise of the right to freedom of assembly by such groups.”
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appropriate in the circumstances and shall reflect a graduated and flexible response to the threat. Police officers may use force only if other means remain ineffective or have no realistic chance of achieving the intended result.” Article 6.1 also covers non-discrimination in carrying out police duties. Section 3 of the Criminal Law Act (NI) 1967 also provides that force can only be used when it is reasonable in the circumstances. At present, the use of a ‘Spit hood’ – which the Policing Board have recommended phasing out, must be automatically referred by the PSNI to the Ombudsman. There are also duties on PSNI officers to record the use of force, including the drawing and use of batons. The incidents as described above would raise significant concerns about disproportionate use of force. This includes reference to an assault on a child, a serious assault, the use of a Spit hood and the pinning down of a woman by male officers. Such actions, if substantiated, are highly likely to have conflicted with the Code of Ethics and could be subject to further investigation examining the use of force in light of all the circumstances. 3: Officer conduct was unprofessional and inappropriate The third area relates to complaints that PSNI officers engaged in unprofessional and inappropriate conduct including being “quite aggressive” and had proceeded to “taunt and abuse residents whilst proudly displaying automatic weapons in a sinister and threatening manner.” The Council of Europe Code of Police Ethics provides that “Police personnel shall act with integrity and respect towards the public”8 and there are a number of detailed provisions in the PSNI Code of Ethics that provide that: 6.1 Police officers shall act with fairness, self-control, tolerance and impartiality when carrying out their duties. They shall use appropriate language and behaviour in their dealings with members of the public, groups from within the public and their colleagues… 7.1 Police officers shall act with integrity towards members of the public and their colleagues so that confidence in the Police Service is secured and maintained. They shall avoid all forms of behaviour that may reasonably be perceived to be abuse, harassment, bullying or victimisation. Clearly, the conduct as described above would not be in keeping with these provisions of the Code of Ethics and if substantiated, as with concerns of disproportionate use of force could constitute sanctionable misconduct. We hope this response to your correspondence addresses the request made by the elected body at its March meeting. CAJ 21 April 2021
8 Paragraph 44 https://rm.coe.int/16805e297e
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From: Humanity [mailto:[email protected]] Sent: 23 April 2021 09:57 To: Chief Executive
Dear Mr Kelpie,
I am writing in my capacity as leader of the political party Humanity in response to your letter of 19th April 2021 in which you seek my consideration of the motion passed by your district council on 25th March 2021.
It refers to a long term transformation of the Health Service, sustainable funding and much needed reforms …
I am interested in what these reforms might be, as simply throwing money at the health service is not necessarily the solution.
My personal opinion is that the Health Service is not a Health Service but a Sickness Service. Many people are suffering from life-style choices that lead them to be in hospital with conditions such as obesity due to poor diet, heart disease due to overconsumption of dairy foods, cancer due to smoking, all sorts of problems due to drug and alcohol addiction, and all sorts of psychological problems due to having to adjust to what in my view is a very sick society that is emotionally unintelligent and refuses to deal with its own issues, papering over them by throwing money at the symptoms rather than dealing with the underlying causes.
So, for me, while I am totally in favour of a publicly owned, well-resourced Health Service, I would place a priority on teaching the people of our country how to live well and live healthily and manage this with fiscal and economic policies that promote healthy and penalise unhealthy behaviour. Schools should be teaching relating skills, good diet, emotional health, conflict resolution skills, etc, etc to ensure that people know how to live healthily and happily, with strong bodies, clear and clean minds and healthy immune systems. Much better to tackle the causes of ill-health than treat the symptoms after the event.
I am however appreciative that your council takes these matters seriously and informs political parties of your views.
Page 249
All the very best.
Robin Greenwood (Humanity).
Page 250 Appendix 11
Oifig on Aire Stáit Office of the Minister of State
Our Ref : C/ MK - 2021/105
30th March 2021
Mr. John Kelpie [email protected]
Dear Mr. Kelpie,
I wish to acknowledge your further correspondence to Minister of State Patrick O'Donovan T.D., in relation to The Invincibles in Kilmainham Gaol.
I have forwarded your correspondence to the relevant section and have requested an urgent response, I will revert as soon as it is received.
Yours sincerely,
______Derek Devaney Private Secretary
Ceann Oifig, Sráid Jonathan Swift, Baile Átha Troim, Co. na Mí, C15 NX36 Head Office, Jonathan Swift Street, Trim, Co. Meath, C15 NX36 T (+353) 046 9426408 [email protected] www.opw.ie Page 251 This page is intentionally left blank
,J ,,...... 1r'
i - .. Appendix 12 .!r:. Oifig an Taoisigh Office of the Taoiseach
19th March 2021
Mr. John Kelpie Chief Executive Derry and Strabane District Council 98 Strand Road Co.Derry BT48 7NN
Dear Mr. Kelpie,
I wish to acknowledge receipt of your letter of 12th March 2021 to the Taoiseach, Micheal Mmtin T.D.
Yours sincerely,
sistant Private Secretary to the Taoiseach
Telephone: 01-6194000 E-mail: [email protected]. ie
Page 253 Tithe an Rtaltais, Sr.aid Mhuirfean Uachtarach, Balle Atha Cliath 2, D02 R583 Government Buildings, Merrion Street Upper, Dublin 2, D02R583 T +353 1619 4000 IE: [email protected] www.gov.ie/taoiseach
Page 254
Appendix 13
O 1 FI C Aru R UN A i AN U A H T AR.A I N OFFICE OF THE SECRETARY GENER AL TO THE PRESIDENT
19 February, 2021
Mr. John Kelpie MEng., C.Eng ., MIStructE, MIEI Chief Executive Derry City and Strabane District Council c/o Council Offices 98 Strand Road Derry BT48 7NN
Dear Mr. Kelpie,
Thank you for taking the time to write to President Higgins on behalf of Derry City and Strabane District Council, with your request regarding the Irish Soldiers of A Company 35th Infantry Battalion who served at the Siege of Jado tville.
Your letter has been brought to the attention of the President.
Yours sincerely,
Sarah Keaveney Deputy Head of Protocol
ARAS AN UACHTARAIN 008 E1W3 .ia; + 353-1-617 1000 LOCALL: 1890 430 430 B [email protected]
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From: eCorrespondence (Agriculture) [[email protected]]
21st April 2021
Reference No: DAFM-MMO-01056-2021
Dear Mr. Kelpie,
I would like to acknowledge your recent correspondence dated 16/04/2021 to Charlie McConalogue T.D., Minister for Agriculture, Food and the Marine regarding the importation of Italian bees.
I will bring your correspondence to the Minister’s attention as soon as possible. In the interim I have forwarded your correspondence for the attention of relevant Department officials.
Yours sincerely,
Monaghan, Peggy Minister’s Office
Page 257 This page is intentionally left blank Agenda Item 11
Title of Report: Officer Presenting: Chief Executive Resolutions from Other Councils Author: Lead Democratic Services and Improvement Officer
1 Purpose of Report/Recommendations
1.1 To advise Members of Resolutions received from other councils.
2 Correspondence Received
2.1 Correspondence has been received from Mid and East Antrim Borough Council, outlining a resolution adopted by their Council in relation to Holiday Hunger (Appendix 1).
2.2 Correspondence has been received from Antrim and Newtownabbey Borough Council, outlining a resolution adopted by their Council in relation to the safety of women and girls (Appendix 2).
2.3 Correspondence has been received from Monaghan County Council, outlining a resolution adopted by their Council in relation to the equitable global distribution of all vaccines, treatments and therapies developed to combat coronavirus (Appendix 3).
2.4 Correspondence has been received from Newry, Mourne and Down District Council, outlining a resolution adopted by their Council in relation to the safety of women and girls (Appendix 4).
3 Recommendations
3.1 In accordance with Council procedures, these resolutions will be treated as a matter for information to be noted, and only discussed if the majority of Members agree to such discussion.
Page 259 This page is intentionally left blank Appendix 1
Ref: TC/ab/KM
29 March 2021
Sent via email: [email protected]
Mr Peter Weir, MLA Education Minister Rathgael house Balloo Road Rathgill BANGOR BT19 7PR
Dear Minister Weir
Re: Holiday Hunger
At the Mid and East Antrim Borough Council meeting on 09 February 2021, a Notice of Motion was passed and unanimously supported by Council regarding Holiday Hunger as proposed by Ald Billy Ashe MBE and Seconded by Ald Beth Adger MBE:
“Following my notice of motion dated 03 September 2019 that was unanimously supported by Council on summer hunger for children, and the sterling work by Manchester United Football star Marcus Rashford, I noticed that other regions within the UK have moved on this issue. This council should write to the Education Minister and invite other councils to write in support of implementing free school meals during summer holidays for those entitled to ensure no child goes hungry and is given the best start on life and help raise our young people and make happy teenagers.”
The eradication of Holiday Hunger has been an issue which this Council has actively pursued over the last couple of years. In 2018, Council approved a Notice of Motion to tackle this issue in which Council resolved to work with statutory and voluntary agencies to bring forth a solution to holiday hunger.
Council was delighted to hear your announcement in November 2020, that families of young people who are entitled to Free School Meals will receive food grants during school holidays, from Christmas 2020 until Easter 2022. This is reassuring news for the increasing number of families who find themselves in food poverty in our Borough. In the short term it will alleviate some of their hardship and help ensure that no child goes hungry and is given the best start in life.
Please reply to:
Head Office Ballymena Office Carrickfergus Office Larne Office Planning Office The Braid Ardeevin Museum & Civic Centre Smiley Buildings Business Park 1-29 Bridge Street 80 Galgorm Road 11 Antrim Street Victoria Road 190 Raceview Road Chief Executive Ballym ena BT43 5EJ Ballymena BT42 1AB CarrickfergusPage BT38 7DG 261 Larne BT40 1RU Ballymena Anne Donaghy OBE BT42 4HZ Tel: 0300 1245 000 www.midandeastantrim.gov.uk
Easter 2022 is only 12 months away and I am writing to you as Minister for Education, to ask you to support the continuation of food grants during holiday periods beyond this timescale or to develop and implement a new initiative to address the growing issues of Holiday Hunger. You have previously stated that “access to a healthy nutritious meal should be a basic right for all children” and our Council unanimously agree with you. It is therefore vital that this support is continued to ensure children and young people return to school after holiday periods, healthy and ready to learn.
Research highlights the correlation between good nourishment and a child’s ability to learn. Children who are malnourished fall behind in school because they cannot concentrate or they often miss classes to help the family put food on the table. Food poverty will not simply disappear in 12 months, therefore it is essential that action is taken now to address the issue of holiday hunger in the longer term.
Council would be keen to meet with you to assist in any interagency approach or initiative that you can develop in order to ensure no young person in our Borough goes hungry during school holiday breaks.
I look forward to hearing from you
Yours sincerely
Anne Donaghy OBE Clerk & Chief Executive
Please reply to:
Head Office Ballymena Office Carrickfergus Office Larne Office Planning Office The Braid Ardeevin Museum & Civic Centre Smiley Buildings Business Park 1-29 Bridge Street 80 Galgorm Road 11 Antrim Street Victoria Road 190 Raceview Road Chief Executive Ballym ena BT43 5EJ Ballymena BT42 1AB CarrickfergusPage BT38262 7DG Larne BT40 1RU Ballymena Anne Donaghy OBE BT42 4HZ Tel: 0300 1245 000 www.midandeastantrim.gov.uk Appendix 2
9 April 2021
Chief Executive Northern Ireland Councils
Dear Chief Executive
At a meeting of Antrim and Newtownabbey Borough Council on 29 March 2021, a Motion was presented to Members regarding safety of women and girls. The Motion was declared unanimously carried and reads as follows:
“The Council recognises women’s concerns across the United Kingdom after the disappearance and subsequent murder of Sarah Everard. It has placed a spotlight on the safety of women and girls.
The motion requests that the Council: Requests the Department of Justice, in partnership with the local Police and Community Safety Partnerships, to bring forward a Safer Places Fund which enables PSNI and Local Authorities to bid for investment in initiatives, such as street lighting and CCTV security cameras that have been proven to prevent crime of all types. Welcomes last week’s announcement by the Northern Ireland Assembly to initiate a Violence Against Women and Girls (VAWG) Strategy, Endorses and promotes the Women’s Aid petition calling for a VAWG Strategy to be implemented, Engages with Women’s Groups to promote and encourage them to apply to Council’s funding streams, Forms a task force to work with the Community Safety Partnership to develop a publicity campaign promoting Safety Apps and engaging with the Police Service of Northern Ireland (PSNI), Women’s Aid and Soroptimists within Great Britain and Northern Ireland. Requests that other Councils do the same.”
I trust you will consider this request at the earliest opportunity.
Yours faithfully
JACQUI DIXON BSc MBA Chief Executive
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Page 265 This page is intentionally left blank Page 267 This page is intentionally left blank Agenda Item 12
Sealing List April 2021
Documents Sealed 14 April 2021
Form of Deed in duplicate:- Derry city and Strabane District Council ~and~ Active Maintenance Solutions Limited relating to Eglington Play Area Regeneration.
Documents Sealed 19 April 2021
Conveyance and Transfer in triplicate:- St Columb’s Diocesan Trust ~and~ Derry City and Strabane District Council relating to purchase of the Community Centre lands at the former Immaculate Conception College (Top of the Hill), Trench Road, Derry.
Lease in triplicate:- St Columb’s Diocesan Trust ~and~ Derry City and Strabane District Council relating to lands at the former Immaculate Conception College (Top of the Hill), Trench Road, Derry.
Documents Sealed 29 April 2021
Grants of Right of Burial in Ballyoan Cemetery
Mrs Marjorie Gordon, 31 Fallowlea Park, Caw, L’derry, BT47 6YP. Mrs Jane Callen, 27 Broighter Court, Caw, BT47 6BY. Mrs Carol Witherow, 193 Sallowilly Road, Claudy, BT47 4JQ. Mr Norman Wilson, 8 Oak Terrace, Drumahoe, BT47 3BY. Mrs Barbara Robinson, 15 Elder Crescent, Brigade, BT47 6YQ. Mr Thomas Smallwoods, 46 Canterbury Park, L’derry, BT47 6QU. Ms Hilary Hamilton, 167 Hillcrest, Waterside, Derry, BT47 6GE Ms Violet Hamilton, 55 Rushall Road, Ardmore, BT47 3UG.
Grant of Right of Burial in Claudy Cemetery
Mr David Bell, 16 Hayfield Park, Newbuildings, BT47 2PY. Ms Surviaya Jabeen, 1 Chestnut Grove, Letterkenny, County Donegal.
Grants of Right of Burial in City Cemetery
Mrs Ann Lamberton, 102 Carnhill, Derry, BT48 8BE. Mrs Myra Loughrey, 190 Glenowen Park, Derry, BT48 0LJ. Ms Orlaith Deane, Flat 3, 39 Great James Street, Derry, BT48 7DF. Mrs Eilish Young, 13 Daly Crescent, Derry, BT48 0JF. Mr Daniel O’Hagan, 123 St Eithne’s Park, Derry, BT48 0LE. Mr John Doherty, 133 Woodbrook, Derry, BT48 8FQ.
Page 269 Mrs Majella Brown, 24 Glengalliagh Park, Derry, BT48 8FL. Mr Declan Kirk, 72 Fergleen Park, Galliagh, Derry, BT48 8LF. Mrs Tracy McCracken, 2 Copperfield Drive, Kilfennan, Derry, BT47 5DG. Ms Josephine McCarron, 58 Lisfannon Park, Derry, BT48 9DX. Mr Robert Henderson, 11 Springhill Road, Derry, BT48 0JT. Ms Hester Tester, 46 High Park, Derry, BT48 9SW. Mr James Organ, 112 Moss Park, Derry, BT48 8JZ. Mr Dermot McFadden, 17 Clanna Rury, Claudy, Co. Derry, BT47 4FB. Mrs Eileen Brady, 19 Thorndale, Derry, BT48 8TT. Mr Noel McGowan, 19 Springvale Park, Derry, BT48 0NY. Mrs Margaret O’Doherty, 26 Synge Court, Ballymagroarty, Derry, BT48 0PH. Mrs Frances Hawkins, 4 Cloncool Park, Derry, BT48 8NS. Ms Pauline McLaughlin, 82 Creggan, Heights, Derry, BT48 9QT. Ms Colleen Donaghy, 268 Cornshell Fields, Derry, BT48 7UN. Ms Geraldine Moran, 32 Letterkenny Road, Derry BT48 9XG Paula Smith, 48 Lavery Fold, Asylum Road, Derry, BT48 7DL. Mr James McGlinchey, 18 Westway, Creggan, Derry, BT48 9NX Mr Martin Glenn, 17 Slievemore Park, Galliagh, Derry, BT48 8NJ. Mrs Margaret Gallagher, 32 Elmgrove, Derry, BT48 8QE. Mrs Ethel Kavanagh, 4 Iona Court, Brandywell, Derry, BT48 6LG. Mr Darragh Bradley, 121 Brookdale Park, Galliagh, Derry, BT48 8HH. Ms Marian Patton, 219 Lone Moor Road, Derry, BT48 9LB. Caroline Downey, 7 Lindenwood Park, Foyle Springs, Derry, BT48 0NX. Mr John McCloskey, 27 Blackthorn Manor, Waterside, Derry BT47 5ST. Mrs Teresa Bonner, 8 Brickfield Court, Derry, BT48 9PW. Mr William (Liam) Murray, 179 Lone Moor Road, Derry, BT48 9LB. Mr James Moran, 38A Culmore Point, Culmore Road, Derry, BT48 8JW. Ms Claire McGonigle, 49 Glenside Road, Derry, BT48 0BN. Mr William J Doherty, 10 Montrose Gardens, Rosemount, Derry, BT48 0JE. Mrs Mary Given, 25 Marlborough Street, Derry, BT48 9AX. Ms Ann McDaid, Laurel Villa, 25 Park Avenue, Derry, BT48 0EJ. Mr Roy McNutt, 49 Elmgrove, Derry, BT48 8QE. Mr Johnny Moran, Apartment 9 Sherman Court, Maureen Avenue, Derry, BT48 6TB. Kathleen McKenna, 18 St Johns Avenue, Belfast, BT7 3JE. Mr Barney Logue, 238 Carnhill, Derry, BT48 8BJ. Mrs Philomena Grant, 56 Marlborough Street, Derry, BT48 9AX. Mr Peter Toyer, 9 Ramore Gardens, Creggan, Derry, BT48 9TP. Mrs Marian Norby, 8 Dunmore Gardens, Creggan, Derry, BT48 9NJ. Mr Gerald McKeever, 35 The Meadows, Derry, BT48 8RJ.
Grants of Right of Burial in Castlederg Burial Ground Ethel Gilchrist, 2 Killen Park, Killen, Castlederg, Co Tyrone, BT81 7TJ
Page 270 Grants of Right of Burial in Mountcastle Burial Ground Victor Caldwell, 25 Lisnaragh Road, Donemana, Strabane, Co Tyrone, BT82 0QL
Grants of Right of Burial in Strabane Burial Ground Arthur O’Neill, 38 Koram Square, Strabane, Co Tyrone, BT82 9DP Eddie McCool, 5 St Mary’s Drive, Strabane, Co Tyrone, BT82 9BQ Paschal McCallion, 3 Liskey Road, Strabane, Co Tyrone, BT82 8NW
Grants of Right of Burial in Urney Burial Ground Heather King, 1 Mount Pleasant, Artigarvan, Strabane, Co Tyrone, BT82 0EJ
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