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 Derry City and Strabane District Council to be held Remotely, on Thursday 26 November 2020 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 29 October 2020 (Pages 1 - 50)

7 Matters Arising

8 Adoption of the Open Minutes of the following Committees

a Monthly Governance and Strategic Planning Committee held on Tuesday 3 November 2020 (Pages 51 - 76)

b Monthly Planning Committee held on Wednesday 4 November 2020 (Pages 77 - 88)

c Monthly Business and Culture Committee held on Tuesday 10 November 2020 (Pages 89 - 100)

d Monthly Environment and Regeneration Committee held on Wednesday 11 November 2020 (Pages 101 - 130)

e Monthly Health and Community Committee held on Thursday 12 November 2020 (Pages 131 - 160)

9 Call-in of Council Item C342/20 (BC146/20) (Pages 161 - 164)

10 Call-in of Council Item C360/20 (Pages 165 - 168)

11 Notices of Motion

Councillor McHugh to Move:

Go dtacaíonn an Comhairle seo le h‟éileamh mhuintir Chlóidí don mholadh srianadh meáchain 7.5 tona a chuir i bhfeidhm ar thrácht HGV ag dul fríd an tsráidbhaile agus iarrann muid ar an Aire Bonneagair críoch práinneach a chur leis an phróiseas fadálach comhairliúcháin agus cinneadh a dhéanamh ar an ábhair seo anois.

That this Council supports the demand from the people of Clady for the proposal to impose a 7.5 tonne HGV weight restriction upon traffic through their village and calls on the Minister of Infrastructure to urgently conclude the long drawn out consultation process and to now make a decision on this issue.

Councillor M Boyle to Move:

Go molann an Chomhairle seo iarrachtaí na n-oibrithe deonacha a thugann faoi ghlantacháin comhshaoil agus phiocóidí bruscair a dhéanamh ar fud fad cheantar Dhoire agus an tSratha Báin agus atá ag teacht go mór ar obair iontach ár bhfoirne glanta agus iad ag déanamh a seacht ndícheall ár ndúiche a choinneáil mar áit bheoga agus shlachtmhar le bheith i do chónaí ann, le bheith ag obair ann nó le bheith ag tabhairt cuairte uirthi.

Iarrann muid ar an Chomhairle comhpháirtíocht níos láidre a chothú leis na grúpaí seo agus tograí breise faoi threoir an chomhairle a thabhairt chun cinn ar nós „seachtain ghlanta comhshaoil‟ chun aird níos fearr a tharraingt ar chúrsaí

timpeallachta agus chun cur le rannpháirteachas pobail sa réimse saoránachta gníomhaí seo.

That this Council commends the efforts of volunteers who undertake environmental clean-up and litter pick initiatives across the DCSDC area, further complementing the sterling work of our Council cleansing staff in striving to ensure that our district remains a vibrant and attractive place to live, work and visit.

Ask that Council forge stronger partnerships with the groups involved and bring forward additional Council led initiatives such as „an environmental clean-up week‟ to promote greater awareness of environmental issues as well as more community involvement in this area of active citizenship.

Councillors Ferguson and McKinney to Move:

This Council encourages and supports reconciliation in our community and congratulates the Integrated Education Fund and the integrated schools movement on being nominated for the 2020 Nobel Peace Prize;

Furthermore this Council will write to the NI Executive that we look forward and support the early implementation of "Priorities of the Restored Executive" which stated in the "NEW DECADE, NEW APPROACH" agreement that:

“The Executive will establish an external, independent review of education provision, with a focus on securing greater efficiency in delivery costs, raising standards, access to the curriculum for all pupils, and the prospects of moving towards a single education system”. and “To help build a shared and integrated society, the Executive will support educating children and young people of different backgrounds together in the classroom”.

Councillor Donnelly to Move:

This Council commends the global humanitarian work carried out by the Henry Reeve International Medical Brigade and recommend that they are nominated for the 2021 Nobel Peace Prize.

Councillor Cooper to Move:

This Council reaffirms its commitment to pursuing the long awaited upgrade of the A2 Buncrana Road.

Calls on the DFI Minister to find an agreed solution that will allow this to progress

and open up the economic potential for our City and District.

Go n-athdhearbhaíonn an Chomhairle seo a gealltanas chun tabhairt faoi uasghrádú Bhóthar A2 Bhun Cranncha a bhfuiltear ag súil leis le fada.

Glaonn an Chomhairle ar an Aire Bonneagair réiteach aontaithe a fháil a éascóidh dul chun cinn air seo agus a osclóidh an acmhainneacht eacnamíochta dár gCathair agus dár gCeantar

Councillor Dobbins to Move:

That Council note the devastation caused by the result of drink driving throughout this City and District and beyond.

That this Council welcomes the new legislation brought by Department of Infrastructure Minister Mallon to prevent a suspected drink driver evading prosecution and that Council include anti drink driving messaging regulations in our Christmas marketing campaign.

Councillor Doyle to Move:

That this Council notes the demonstrable negative effect the Covid-19 pandemic and government restrictions has had on the mental health of our people and the additional stress that necessary public health measures have placed on families and business; and calls on the Department of Health alongside Executive partners to prioritise wraparound mental health services accessible to all ages to support people in anticipation of an end to the current pandemic. Councillor Durkan to Move:

This Council applauds the tremendous contribution of unpaid and informal carers in communities across Derry and Strabane and beyond.

This Council notes the contents of the most recent “Caring Behind Closed Doors” Report (Carers NI, October 2020) setting out the challenges facing unpaid carers, particularly during the pandemic, and the need for better support for these carers. This Council furthers recognises the particular pressures facing those balancing caring responsibilities with employment and the need for working carers to be afforded flexibility in their employment.

This Council commends the excellent work of Carers NI and various other organisations in keeping carers informed of their rights, campaigning for better financial support and providing research-based evidence to inform policy shaping and decision-making.

This Council undertakes to liaise with relevant organisations to ensure that unpaid carers across the city and district are informed on their rights and to share information and advice on supports available.

This Council calls for the Minister of Health and wider Executive to ensure the rights, needs and interests of unpaid carers are properly considered in strategic planning for a reformed and sustainable health and social care system.

Molann an Chomhairle seo an t-ionchur iontach ó na cúramóirí gan phá agus na cúramóirí neamhfhoirmeálta sna pobail fud fad Dhoire, an tSratha Báin agus níos faide i gcéin.

Tugann an Chomhairle seo faoi deara na hábhair sa tuairisc is déanaí “Caring Behind Closed Doors” (Carers NI, Deireadh Fómhair 2020), a leagann amach na dúshláin a thiteann ar chúramóirí gan phá, go háirithe i rith na paindéime agus an gá le tacaíocht níos fearr a bheith curtha ar fáil do na cúramóirí seo. Aithníonn an Chomhairle seo chomh maith na brúnna áirithe atá orthu siúd atá ag láimhseáil freagrachtaí cúraim le fostaíocht agus aithnítear an gá le solúbthacht ina gcuid oibre a thabhairt do chúramóirí a bhíonn ag obair.

Molann an Chomhairle seo an obair iontach atá á déanamh ag Carers NI agus eagraíochtaí éagsúla eile le curamóirí a choinneáil ar an eolas faoina gcearta, an stocaireacht atá á déanamh ar son tacaíocht airgid níos fearr, agus an obair a dhéanann siad le cruthúnas fianaise-bhunaithe a aimsiú chun polasaithe a mhúnlú agus chun an próiseas cinnteoireachta a éascú.

Rachaidh an Chomhairle seo i mbun plé le heagraíochtaí cuí le déanamh cinnte go bhfuil cúramóirí fud fad na cathrach agus an cheantair curtha ar an eolas faoina gcearta agus le heolas agus comhairle a roinnt leo bunaithe ar na tacaíochtaí atá ar fáil.

Iarrann an Chomhairle seo ar an tAire Sláinte agus an Fheidhmeannas i gcoitinne le déanamh cinnte go bhfuil ceartaí, riachtanais agus leasa cúramóirí gan phá measta mar is ceart i bpleanáil straitéiseach ar son córás cúram sláinte agus sóisialta leasaithe agus inbhuanaithe.

Alderman Kerrigan to Move:

That this Council resolves to:

Require all public firework displays within the local authority boundaries to be advertised in advance of the event, allowing residents to take precautions for their animals and vulnerable people;

To actively promote a public awareness campaign about the impact of fireworks on animal welfare and vulnerable people – including the precautions that can be taken to mitigate risks;

To write to the UK Government urging them to introduce legislation to limit the maximum noise level of fireworks to 90db for those sold to the public for private displays;

To encourage local suppliers of fireworks to stock „quieter‟ fireworks for public display.

Councillor Harkin to Move:

Council reaffirms its opposition to privatisation of the Housing Executive. Council agrees the Housing Executive should remain a fully accountable public body. Council will write to the Minister for Communities and the entire Executive making clear our opposition to plans to restructure the Housing Executive away from a public body to a privatised mutual/co-operative model.

Council will invite NIPSA and Social Housing experts for a presentation on the deleterious impact moving to a mutual/co-operative model will have on the provision of social housing, tenant rights, workers‟ rights and accountability.

Councillor McCann to Move:

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 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. Open for Information

12 Responses to Motions (Pages 169 - 184)

13 Resolutions from other Councils (Pages 185 - 188)

14 Sealing List - November 2020 (Pages 189 - 190)

Confidential for Decision

15 Confirmation of the Confidential Minutes of the Meeting of Derry City and Strabane District Council held on Thursday 29 October 2020 (Pages 191 - 194)

16 Adoption of the Confidential Minutes of the following Committees

a Mo nthly Governance and Strategic Planning Committee held on Tuesday 3 November 2020 (Pages 195 - 198)

b Monthly Planning Committee held on Wednesday 4 November 2020 (Pages 199 - 200)

c Monthly Business and Culture Committee held on Tuesday 10 November 2020 (Pages 201 - 202)

d Monthly Environment and Regeneration Committee held on Wednesday 11 November 2020 (Pages 203 - 204)

e Monthly Health and Community Committee held on Thursday 12 November 2020 (Pages 205 - 206)

17 Any other Relevant Items (Pages 207 - 210)

20 November 2020

This page is intentionally left blank 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 29 October 2020 at 4.00pm.

Present:- Councillor Tierney (Mayor)(In the Chair); Aldermen Bresland, Devenney, Guy, Kerrigan, McClintock, McKane, Ramsey and Warke; Councillors J Barr, R Barr, J Boyle, M Boyle, Burke, Carr, Cooper, Cusack, Dobbins, Donnelly, Duffy, Durkan, Edwards, Farrell, Ferguson, Fleming, Gallagher, Harkin, Jackson, Kelly, Logue, McCann, McCloskey, McGuire, McHugh, McKeever, McKinney, Mellon, Mooney and Reilly.

In Attendance:- Chief Executive (Mr J Kelpie), Director of Health and Community (Mrs K McFarland), Lead Democratic Services and Improvement Officer (Ms E Cavanagh) Democratic Services Officer (Mrs S Maxwell) and Committee Services Assistant (Mrs T Johnstone).

______

C319/20 Notice and Summons of Meeting

The Mayor read the Notice and Summons for the Meeting.

C320/20 Member Attendance and Apologies

The Mayor completed the roll call and recorded apologies from Alderman McCready.

C321/20 Statement on Remote Meetings

The Chief Executive read the Statement for Remote Meetings.

C322/20 Declaration of Members Interests

Councillor Reilly declared an interest in agenda item 9, Notices of Motion - Call to Support the Work of the Alzheimer‟s Society.

Councillors Ferguson and Jackson declared an interest in agenda item 8b – Monthly Governance and Strategic Planning Committee – GSP140/20 Free Port as Members of the Londonderry Port and Harbour Commissioners.

Aldermen Devenney Guy, McClintock and Warke and Councillors Duffy, Fleming, J Barr, J Boyle, M Boyle and Reilly declared an interest in agenda item 8h, Bi-monthly meeting of the Assurance Audit and Risk Committee as Members of PCSP.

1 Page 1 Open for Decision

Chairperson‟s Business

C323/20 Condolences

The Mayor expressed condolences to the partner and wider family of Councillor Farrell on the recent passing of her mother, Mrs Carmel Doherty.

Alderman McClintock and Councillors Edwards and Reilly also expressed their condolences to Councillor Farrell.

C324/20 Congratulations

The Mayor congratulated Alderman McCready and his wife on their recent birth and wished them well.

Alderman McClintock stated that she would relay the best wishes from the Mayor and Members to Alderman McCready.

C325/20 Royal Mail

Councillor Reilly thanked the Mayor for allowing him the opportunity to raise issues regarding the Royal Mail sorting office in the City. He stated that the SDLP fully supported the workers during this time as approximately 50 percent of staff were currently on sick leave and wished them a speedy recovery. He stressed that the management at Royal Mail must engage proactively with their workforce to find a way of delivering mail across the city and district. He advised that he had recently met with union representatives for Royal Mail employees and suggested that it would be useful if the Mayor engaged with Royal Mail to establish what their plans were in regard to the speedy resolution to the distribution of mail.

The Mayor stated that he would meet with the trade unions and the staff of Royal Mail. He stated that his engagements would be carried out online over the coming days and that he would ask the Mayor‟s office to begin the process. He extended his best wishes to the staff of Royal Mail currently on sick leave and wished them a speedy recovery.

Councillor Harkin wished a speedy recovery to the postal workers and stated that thoughts were with them and their families at this time. He

2 Page 2 proposed that Council write to the local Communication Workers Union branch, to commend them on their direction to refuse to work in an unsafe work environment. He advised that as a result of this action, workers would not be penalised. However, he noted that workers throughout the city and district are unaware of their rights on the matter.

He stated that Council needed to promote the message that workers, whether union members or not, had the right not to work in an unsafe environment and would not face any penalties as a result.

Continuing, he noted that Council had not engaged with the trade unions. He proposed that Council invite representatives from the local trade unions, including the Communication Workers Union (CWU) to meet with Council officers to discuss their health and financial concerns during this time.

Councillor Harkin Proposed, Seconded by Councillor Gallagher

That Council (i) write to the Communication Workers Union to commend the staff at Royal Mail to on their actions; (ii) Council to promote the message that any worker had the right to refuse to work in an unsafe environment and would not be penalised for taking action and (iii) Council invite representatives from the local trade unions, including the Communication Workers Union to discuss their health and financial concerns and iv) Mayor to meet with Post Office trade unions and Royal Mail staff.

Councillor Jackson stated that on behalf of Sinn Féin, he wished to express their solidarity to the postal workers at this time. He advised that he and Martina Anderson MLA had met with some postal workers regarding the working conditions and challenges they were facing. He stressed the importance of engaging with them to ensure that the service continued, but also that workers were fully supported and their concerns are addressed. He welcomed the request for the Mayor to make representation on behalf of Members to meet with the staff of Royal Mail. He stated that his Party also supported the proposal by Councillor Harkin. However, it was important to recognise that the concerns of the postal workers were not unique, as workers across the entire Council area were concerned about their working conditions and their rights during this time and had received conflicting advice on the

3 Page 3 matter. He also welcomed the proposal that Council meet with the trade unions to allow them the opportunity to hear the concerns and to act on their behalf. He stated that the actions taken by the postal workers demonstrated that collective action can make a difference.

Councillor Reilly thanked Councillor Harkin for raising the proposal. He referred to his comments regarding Council issuing information in relation to workers‟ rights at this time. He noted that the Government Furlough Scheme was due to end on 31 October 2020. Therefore, a number of people would be required to return to work after being on the scheme for a long period of time. He stated that it was important to alert and inform people of their rights and also the employers‟ responsibility to the workforce on Council‟s social media platforms.

Councillor R Barr expressed concern stated that this issue had existed in Strabane since May of this year. However, now that issues have been recognised in the City, the matter was being given attention. He stated that Covid-19 was cited as a reason for the poor quality of service when the issue was first raised in Strabane. However, there were no reported cases of coronavirus in the Strabane area at that time. He requested that any representation made to Royal Mail would also include the Strabane area.

Councillor Durkan stated that the Student‟s Union movement had felt their voice was not being heard. She stated that the student population included Derry students who were from Belfast and vice- versa were lacking clarity regarding weekend travel arrangements. She requested that representatives from the National Union of Students- Union of Students in Ireland (NUS USI), Ulster University and Queen‟s University Students Unions also be included in Councillor Harkin‟s proposal.

Alderman McKane stated that he fully supported Councillor Harkin‟s motion on the matter. He also concurred with the issues raised by Councillor R Barr and requested that the planned relocation of the sorting office in Castlederg to Strabane was also be highlighted.

Alderman McClintock stated that the DUP were fully supportive of postal workers and all others who were experiencing difficult times. She stated that the issues with the local sorting office had shown how much people depended on our postal workers.

Councillor Harkin Proposed, Seconded by Councillor Gallagher

4 Page 4

That Council (i) write to the Communication Workers Union to commend the staff at Royal Mail on their actions; (ii) Council to promote the message via its social media platforms that any worker had the right to refuse to work in an unsafe environment and would not be penalised for taking action and to advise workers currently on the furlough scheme of their rights when returning to work; (iii) Council invite representatives from the local trade unions, including the Communication Workers Union to discuss their health and financial concerns; (iv) representatives from the National Union of Students-Union of Students in Ireland (NUS USI), Ulster University and Queen‟s University Students Unions be invited to meet with Members and officers to discuss the concerns of students and (v) the Mayor to meet with trade unions and Royal Mail staff

Members were asked to vote on the proposal, the result of which was unanimous and the Council

Resolved That Council (i) write to the Communication Workers Union to commend the staff at Royal Mail on their actions; (ii) Council to promote the message via its social media platforms that any worker had the right to refuse to work in an unsafe environment and would not be penalised for taking action and to advise workers currently on the furlough scheme of their rights when returning to work; (iii) Council invite representatives from the local trade unions, including the Communication Workers Union to discuss their health and financial concerns; (iv) representatives from the National Union of Students-Union of Students in Ireland (NUS USI), Ulster University and Queen‟s University Students Unions be invited to meet with Members and officers to discuss the concerns of students and (v) The Mayor to meet with Trade Unions and Royal Mail staff.

C326/20 Red Wednesday Campaign

5 Page 5 Councillor McCloskey thanked the Mayor for allowing her the opportunity to present her motion at her final meeting as an Elected Member of Council.

She proposed that Council supports the “Red Wednesday” campaign to highlight and challenge anti-Christian persecution across the globe. She reported that as a demonstration of this solidarity, Council will light up facilities in red on that day and pledge public support for this campaign. In addition, she asked that Council calls for an end to persecution of any group because of their religious beliefs.

Continuing, she stated that religious beliefs were core to many cultures throughout the world. She expressed concern that the Christian faith was currently undergoing extreme global persecution. She noted that the Anglican Bishop of Truro had recently compiled a report on the matter which had stated that the level and nature of persecution was arguably in some regions, bordering on the definition of genocide. The eradication of Christians and other minority groups by violent means was revealed to be the specific state objective of extremist groups in Syria, Iraq, Egypt, Nigeria, Philippines and other places. She stated that it was a serious matter that governments across the world must be engaged with. She stated that it was important to uphold the right of people‟s freedom of belief.

Councillor McCloskey Proposed, Seconded by Councillor Dobbins

That Council supports the “Red Wednesday” campaign to highlight and challenge anti-Christian persecution across the globe. As a demonstration of this solidarity, we will light Council properties in red on that day, and pledge public support for this campaign. In addition, we call for an end to persecution of any group because of their religious beliefs.

Members were asked to vote on the proposal, the result of which was unanimous and the Council

Resolved That Council supports the “Red Wednesday” campaign to highlight and challenge anti- Christian persecution across the globe. As a demonstration of this solidarity, we will light Council properties in red on that day, and pledge public support for this campaign. In

6 Page 6 addition, we call for an end to persecution of any group because of their religious beliefs.

The Mayor extended his best wishes to Councillor McCloskey for the future. He thanked her for her contribution as a fellow Councillor and as his colleague within the Ballyarnett DEA.

Alderman McClintock wished Councillor McCloskey well for the future and thanked her for bringing forward the proposal on the anti-Christian message which was fully supported by her Party.

Councillor McCloskey thanked the Mayor for his comments. She stated that she had found it a positive experience and thanked her colleagues and Council staff for a very enriching 18 months.

C327/20 Lighting of „Let the Dance Begin‟ sculptures in Strabane.

Councillor Edwards referred to the „Let the Dance Begin‟ sculptures, known as „The Tinnies‟ in Strabane. He welcomed that Council had made improvements to the area by cutting back hedges and the addition of picnic benches. However, he felt that the lighting in the area was inadequate. He stated that the „Tinnies‟ was a landmark in the Strabane area and similar to Council facilities in Derry, would be lit up to highlight campaigns. He requested that Council act on the matter and that a report be brought to the relevant committee outlining the cost of upgrading the lighting and the cost of lighting the area to date.

The Chief Executive advised that the Director for Environment and Regeneration and officers had already been working on the matter and a report on would be presented at a future meeting of the Environment and Regeneration Committee.

C328/20 Dalradian Gold Ltd

Councillor Kelly noted that over the past week, Dalradian Gold Ltd, vehicles had been parked in areas of the Sperrin DEA. He stated that this has caused consternation in the community as local residents did not know why they were in the area. He stated that apart from the moral responsibility of companies to inform landowners of their intentions, there was also a statutory obligation for companies to inform councils of its intentions where they intended to invoke permitted development rights. He hoped that Dalradian Gold Ltd were

7 Page 7 not attempting to circumvent the ongoing legal process as no notification has been received by Council, from Dalradian Gold on the matter. He proposed that Council write to the Department of the Environment and Dalradian Gold Ltd to remind them of their statutory responsibilities.

Councillor Kelly Proposed, Seconded by Councillor M Boyle

That Council write to the Department of the Environment and Dalradian Gold Ltd to remind them of their statutory responsibilities.

Members were asked to vote on the proposal, the result of which was unanimous and the Council

Resolved That Council write to the Department of the Environment and Dalradian Gold Ltd to remind them of their statutory responsibilities.

C329/20 Confirmation of the Open Minutes of the Meeting of Derry City and Strabane District Council held on Thursday 24 September 2020

The Minutes of the Meeting of Derry City and Strabane District Council held on 24 September 2020 (C260/20-C309/20) were submitted.

On a matter of accuracy, Councillor McKinney stated that he had declared an interest in C263/20 notice of motion pay parity for health workers and requested that it be included in the minutes.

It was agreed that the minutes would be amended accordingly.

Alderman Devenney Moved, Alderman McKane Seconded and the Council.

Resolved that the above Minutes be adopted, as amended, as a true record of the Meeting

Matters Arising

C330/20 Responses to Motions (C272/20)

Councillor Farrell thanked everyone for their kind words on his recent bereavement which will be greatly appreciated by the wider Doherty family.

8 Page 8 He referred to the Executive‟s commitment to bring forward proposals for the expansion at Ulster University, Magee to 10,000 students. He noted that at the Council meeting on 25 September, he had requested an update on Council correspondence sent to the Executive and responses received. He reported that Council had written to the First and Deputy First Minister in March 2020 and subsequently in June, however no response has been received. He expressed disbelief that Council had written to the Executive regarding its responsibilities towards the expansion at Magee, which he described as one of the most critical projects in the City, and had failed to respond.

He proposed that Council send further correspondence to the First and Deputy First Ministers to urgently request engagement with Derry City and Strabane District Council and to update Members on their plans and proposals for the expansion of Magee Campus. He also asked Sinn Féin and DUP Members to lobby their respective Ministers, asking them to respond and act on the correspondence from Council.

Councillor Farrell Proposed, Seconded by Councillor J Boyle

That Council writes to the Office of the First and Deputy First Minister to urgently request that they engage with Members and provide an update on any plans and proposals for the expansion of Magee Campus.

Members were asked to vote on the proposal, the result of which was unanimous and the Council

Resolved That Council writes to the Office of the First and Deputy First Minister to urgently request that they engage with Members and provide an update on any plans and proposals for the expansion of Magee Campus.

C331/20 Call-In of Council Item C237/20 (C296/20)

Alderman Devenney stated that he was well aware that the matter had been raised at previous meetings. However, he wished to address concerns raised regarding costings for flowers and an airline ticket. He advised that the flight was for a member of Respect UK, a pioneering domestic abuse organisation who was invited to attend an event organised by Men‟s Action Network (MAN). He noted that the event took place in the Verbal Arts Centre on Friday 11 January 2019 and was attended by representatives from the Department of Justice, Western

9 Page 9 Health and Social Care Trust and Nexus. He believed that the money allocated for the flight for the speaker met the criteria. In relation to flowers, he noted that after making some enquiries, a summer diversity programme had taken place, hosted by Dennett Interchange in Donemana. He noted that the total cost for flowers and refreshments was £20.00. He stated that the DUP had no issue with such claims being submitted as they met the required criteria.

Councillor Donnelly thanked Alderman Devenney for the clarification on the matter. However, he described it as unfortunate that Council officers were unable to furnish Members with that clarification. He felt that in his opinion, it was unprofessional that Council officers could not issue Members with the details. He noted that an outstanding issue remained regarding a group meal.

Councillor Logue referred to Councillor Donnelly‟s remarks on the matter. She stated that any Member at any time, could seek clarification from officers regarding any issues or concerns that they may have. She stated that she had contacted officers for the required information on behalf of Sinn Féin, adding that if Councillor Donnelly had have taken the time to seek the required clarification, he would have received the same.

Councillor Gallagher stated that a report had been submitted to the Assurance, Audit and Risk Committee which highlighted 44 recommendations. He noted that those recommendations stated that the financial procedures had not been correct. He stated that it was the role of Elected Members to seek clarification on such matters prior to approval.

C332/20 United Nations - 75th Anniversary (C275/20)

Councillor Donnelly referred to the proposal he had made regarding the ongoing situation within Maghaberry Prison. He advised Members that thankfully, the hunger strike had ended. However, he felt that a cross-party delegation should still meet with the prisoner‟s families as a matter of urgency, as conditions that had led to the hunger strike still existed.

In response, the Chief Executive advised that correspondence had been sent to the Northern Ireland Office on 9 October 2020. He stated that arrangements would be made regarding the cross-party delegation and

10 Page 10 that he would provide Councillor Donnelly with an update on the matter.

C333/20 Confirmation of the Minutes of the Special Meeting of the Environment and Regeneration Committee held on Monday 21 September 2020

The Minutes of the Special Meeting of the Environment and Regeneration Committee held on 21 September 2020 (SER164/20- SER167/20) were submitted.

Alderman McKane Moved, Alderman Devenney Seconded and the Council.

Matters Arising from the Minutes

C334/20 Commemoration Plaque

Alderman McKane expressed his thanks to Council staff on the erection of a plaque on the Cenotaph in Castlederg in commemoration of the four men from the town, who gave their lives in the First World War.

Resolved that the above Minutes be adopted, as a true record of the Meeting

C335/20 Monthly Governance and Strategic Planning Committee held on Tuesday 6 October 2020

The Minutes of the Governance and Strategic Planning Committee held on 6 October 2020 (GSP134/20-GSP151/20) were submitted.

Alderman Bresland Moved, Councillor Duffy Seconded and the Council

Resolved that the above minutes, be adopted as a true record of the meeting.

Matters Arising from the Minutes

C336/20 Update on Poverty Motion (GSP142/20)

Councillor Harkin extended his thanks to officers who carried forward the motion. He referred to the devastating report published by the Department for the Economy regarding poverty across the City and District. He stated that there was severe hardship experienced by many families across the city and district as a result of the coronavirus pandemic. He noted that the furlough scheme was due to end on 31

11 Page 11 October 2020 which would have a significant impact on families. He expressed disbelief that millions of pounds were being spent by the Northern Ireland Executive on anaerobic digesters and energy schemes, which he felt was not deserved, whilst others are told there is no money available.

He proposed that Council launch a hardship fund in an attempt to alleviate, as much as possible, the desperate poverty faced by many throughout the city and district. He stated that Council would take the leading role and ask those business owners with disposable income to contribute to the fund. He stated that many people would be going without food, basic necessities and struggling to heat their homes. He suggested that a meeting take place as soon as possible to establish the details on how to move forward.

Councillor Burke stated that her party supported the proposal as they had also explored the idea of implementing a hardship fund. She concurred with Councillor Harkin‟s comments regarding the furlough scheme and how this would impact on families and individuals across the Council area. She advised that from a community perspective, neighbourhood renewal areas had considered putting plans in place in the coming months to assist those in need. However, some people currently on furlough may not be included within a particular neighbourhood renewal area due to increase in demand. Therefore, the Sinn Féin Party supported the proposal to investigate the implementation of a hardship fund.

She proposed that Council writes to the Executive to establish if any additional support could be given during this time to offset the devastating impact on families when the furlough scheme ends. She stated that given the time constraints involved, if a response was received by the Executive the matter be discussed within the Welfare Reform Working Group.

Councillor Durkan expressed her support for the proposal and advised that trade unions had been talking to various charitable organisations and groups in relation to hardship. She felt that it would be an excellent initiative for Council to facilitate and take the lead on at this time.

Alderman McClintock stated that whilst she understood the sentiments within Councillor Harkin‟s proposal, she expressed concern regarding the practicalities of implementing such a fund. She stated that it was

12 Page 12 important that primarily, officers draft a report outlining the details on the framework for such an initiative and the work involved before moving forward. She stated that a significant amount of work would be involved with an onus on Council to implement it. She stated that her Party could not support the proposal until a report was available on the matter.

Councillor Gallagher stated that whilst he concurred with the principle of the proposal, he asked that Members err on the side of caution regarding the role of Council in the matter. He felt that in his opinion, Council should not be the administrator of the initiative. He stated that there were implications regarding administration and governance matters in setting up such a fund. He agreed that the matter be dealt with within the Welfare Reform Working Group to establish how the hardship fund would be introduced and Council‟s role therein.

The Chief Executive stated that officers required absolute clarity on the nature of the proposal. He further stated that the ramifications such as the legal aspects must also be considered, therefore it may not be possible to implement it with immediate effect. He advised that in order for Members to make an informed decision on the matter, a report should be presented to the relevant Committee.

Councillor Duffy confirmed that Councillor Burke had put forward a proposal in terms of writing to the Executive to establish if they could provide additional funding to assist those who will experience hardship once the furlough scheme ends on 1 November 2020. She concurred that Councillor Harkin‟s proposal should be actioned through the Welfare Reform Working Group with cross-party and Independent Member representation.

Councillor Burke Proposed Seconded by Councillor Duffy

That (i) A meeting of the Welfare Reform be convened as soon as possible to discuss the implementation of a hardship fund; and (ii) Council write to the Executive to establish if they could provide additional funding to assist those who will experience hardship once the furlough scheme ends on 1 November 2020.

Members were asked to vote on the proposal, the result of which was unanimous and the Council

Resolved That (i) A meeting of the Welfare Reform be

13 Page 13 convened as soon as possible to discuss the implementation of a hardship fund; and (ii) Council write to the Executive to establish if they could provide additional funding to assist those who will experience hardship once the furlough scheme ends on 1 November 2020.

The Chief Executive advised that a meeting of the Welfare Reform Working Group would be scheduled to enable Members to discuss a way forward on the matter.

Councillor McKeever joined the meeting at this point.

C337/20 New Decades New Approach – Free Ports (GSP140/20)

Councillor Jackson referred to a proposal brought forward by Alderman McCready which requested that a report be presented regarding the concept of a free port or enterprise zone within the Council district. He advised that it was acknowledged at the Committee meeting that Council did not have a corporate position in respect of free ports. He stated that as a member of the Londonderry Port and Harbour Commissioner‟s Board, he was aware that there were ambitions in terms of an enterprise/innovation zone at the port. He proposed that Council invite the Board of the Port and Harbour to present to the relevant Committee to outline their plans in relation to a free port/enterprise zone in the Council area.

Councillor Jackson Proposed, Seconded by Alderman McClintock

That Council invite the Board of the Port and Harbour Commissioner to present to the relevant Committee to outline their plans in relation to a free port/enterprise zone in the Council area.

Members were asked to vote on the proposal, the result of which was unanimous and the Council

Resolved That Council invite the Board of the Port and Harbour Commissioner to present to the relevant Committee to outline their plans in relation to a free port/enterprise zone in the Council area.

C338/20 Establishment of a Rural Issues Group (GSP144/20)

14 Page 14

Councillor McGuire nominated Councillor Kelly and Councillor McHugh to serve on the Rural Issues Group.

C339/20 Monthly Planning Committee held on Wednesday 7 October 2020

The Minutes of the Planning Committee held on 7 October 2020 (P116/20-P129/20) 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

C340/20 Monthly Planning Committee (Reconvened) held on Thursday 8 October 2020

The Minutes of the Planning Committee held on 8 October 2020 (P130/20-P140/20) were submitted.

Alderman Bresland Moved, Seconded by Councillor Kelly and the Council

Resolved that the above minutes be adopted, as a true record of the Meeting

C341/20 Monthly Business and Culture Committee held on Tuesday 13 October 2020

The Minutes of the Business and Culture Committee held on Tuesday 13 October 2020 (BC127/20 – BC148/20) were submitted.

Councillor R Barr Moved, Seconded by Councillor M Boyle and the Council

Resolved that the above minutes be adopted as a true record of the Meeting

Matters Arising from the Minutes

C342/20 Centenary of Northern Ireland in 2021 Update (BC146/20)

Alderman McClintock stated that she wished to comment on Councillor Cooper‟s remarks on behalf of Sinn Féin regarding the Northern Ireland Centenary. She stated that the event was an occasion of the utmost importance and significance to many people in the country including

15 Page 15 many in the Council area. She felt that the Unionist community were extremely aware that they lived in a council area with a strong nationalist majority. She stated that they were also aware that Council had always led the way in finding accommodation for all shades of political opinion. She described it was worrying, that Sinn Féin had put down a marker as to what they would accept even before a meeting of the Decades of Centenary working group had taken place to discuss the matter.

Continuing, she noted that Sinn Féin would not support any proposal that celebrated the North as a single entity, adding that Councillor Cooper had berated Council officers for using the phrase „Northern Ireland is one of the four countries of the United Kingdom‟. She stated that whilst she did not wish to give the Elected Member or anyone else a history lesson, Northern Ireland was indeed, one of the four countries of the UK. She advised that Articles 2 and 3 of the Irish Constitution had been removed and the Republic had recognised the legitimacy of Northern Ireland. In fact, the United Kingdom of Great Britain and Ireland was a sovereign state that existed since 1801 up until the south had decided to become the „Free State.‟ However, she stated that this was not the arena for a historical debate, but that history could not be re-written. She noted that Councillor Cooper had referred to positive celebration and recognition, however the Unionist community certainly found nothing positive in the way the negative comments were portrayed during the Committee meeting.

She stated that Council had managed to find a way through the challenging 2016 anniversaries and the DUP hoped that the necessary accommodation would be found in respect of this centenary event. Whilst she recognised that not everybody will be celebrating the occasion she was also aware that to make the centenary memorable, external funding was required to augment normal Council funding streams and this needed to be addressed. She stated that she had an initial conversation with an outside body who would consider an element of the required funding, details of which would be brought to the appropriate working group. However, she wished to make a proposal that Council write to the Northern Ireland Executive seeking clarification as to what provision they would be making to support those who wished to celebrate this momentous occasion.

Councillor Cooper stated that in terms of Alderman McClintock‟s comments, he had been specific in his language at the Committee

16 Page 16 meeting for deliberate reasons as he was aware that people did wish to celebrate the Centenary of the Northern Ireland and had every right to do so. However, there were many who did not wish to celebrate. He stated that the points he had made referred to the language that was used in the report and that it was unfortunate that the language used was not of a more diplomatic nature as it was a sensitive issue. He stated that the key point that he wished to relay was that similar to the commemoration of the 1916 events such as the Somme and Easter Rising, Council had agreed to allocate funding through the Decade of Centenaries working group. This allowed groups to apply for funding in order to hold a range of events for both commemorations, which proved to be a successful and inclusive year. He reiterated that he had clearly indicated at Committee that a similar approach be taken regarding this matter as opposed to Council organising events corporately which may create an issue for the majority of Elected Members. This would allow people to either celebrate or critically evaluate the centenary of partition in a non-offensive manner.

Councillor Reilly concurred that the Decade of Centenaries Working Group was initiated to deal with these particular issues and celebrations. He stated that such occasions meant a lot to a section of people in the Council area but were not universal, as there were also people that would not find the event of any significance. He suggested that as in previous situations, the correct approach was to allow the working group to meet to carry out its function. He stated that whilst the centenary of partition was not an event that the SDLP would mark in a celebratory manner, that recognised the fact that there were people in the Council area who wished to celebrate it, adding that it should not stand in the way of people accessing public money to mark an occasion significant to them.

He stated that the issues regarding the centenary should be taken into consideration, whether it was something to be welcomed or changed in terms of the Union going forward. He felt that debate and conversation about the Union was as much an important part of the Nationalist/Republican tradition as it was from people from the Unionist tradition. He hoped that next years‟ planned events would be inclusive for everyone and that all have their say in relation to the centenary and that the SDLP would support Alderman McClintock‟s proposal.

17 Page 17 Councillor Gallagher described Alderman McClintock‟s proposal as delusional. He stated that the request for funding reminded him of the phrase, „a Protestant state for a Protestant people. He felt that in his opinion, that no right thinking Republican or Nationalist would support this supremist view and would not be supporting it.

Councillor Harkin stated that he was neither a Nationalist or a Unionist but a Socialist. He added that there was an increasing amount of people with a socialist view. However, he did not feel that there was anything to celebrate in partition, as it had created division in communities across the entire island. He stated that perhaps there should be an understanding of why partition had not been successful and what can be done to overcome those divisions. He felt that ultimately it should be about ending partition and the introduction of the creation of a new Ireland. He stated that he held a similar vision to James Connolly, developed over 100 years ago for a socialist Ireland with rights for all.

Alderman McClintock Proposed, Seconded by Alderman Warke

That Council write to the Northern Ireland Executive seeking clarification as to what provision they would be making to support those who wished to celebrate the momentous occasion of the Centenary of Northern Ireland.

Members were then asked to vote on the proposal, the result of which was as follows:

For:-19; Against:-15; Abstentions:-2.

The proposal was therefore carried and the Council

Resolved That Council write to the Northern Ireland Executive seeking clarification as to what provision they would be making to support those who wished to celebrate this momentous occasion of the Centenary of Northern Ireland.

Councillor Donnelly Proposed, Seconded by Councillor Gallagher

That given the injustice of partition, that this Council will not participate in any event that commemorates or celebrates this injustice.

18 Page 18 Councillor Cooper referred to the wording of Councillor Donnelly‟s proposal and reiterated that he had already stated very clearly that this Council does not corporately hold any events that celebrated partition and that funding be available for groups to bid for to mark the centenary of partition in their own way. He noted that previously, funding was applied for and allocated through the Decades of Centenaries working group. He stated that if the proposal was passed, this now would not arise, therefore he was not entirely clear of the logic of the proposal.

In response to Councillor Cooper, Councillor Donnelly stated that he had made the proposal as the make-up of working groups meant that only one Independent Member could be nominated to sit on such groups, Independent Members therefore, did not have any input to that particular group and although he took on board Councillor Cooper‟s remarks, he still wished to make the proposal.

Alderman Ramsey stated that the proposal required Council to take a stand which he and many others in the City would consider sectarian.

Councillor Reilly explained that the SDLP had voted for Alderman McClintock‟s proposal because his Party recognised that there were many people in the Council area who wished to mark the Centenary of Northern Ireland 2021. He stated that whilst he and his Party were not supportive of partition, they recognised those who did wish to celebrate it should be entitled to do so. However, he also agreed that the Council should not be trying to support a position of partition therefore in relation to Councillor Donnelly‟s proposal, the SDLP would be supporting it.

Alderman Devenney concurred that the majority of people in Londonderry and Strabane may not be supportive of the Centenary of Partition. However, he felt that a dangerous precedent was being set in respect of the Council bordering on becoming sectarian against a Unionist minority in the Chamber. He felt that the proposal sent out a negative message to the minority in the Council area who looked forward to celebrating the 100th anniversary of the State. He stated that his Party would be voting against the proposal.

Alderman Guy stated that the UUP would be voting against the proposal. He stated that if he did not want to part of a particular event, he simply did not attend. He stated that Council prides itself on

19 Page 19 inclusivity and equality, however there was no equality within the proposal which he described as unwelcome and senseless.

Councillor Ferguson stated that although it was a contentious issue it still had to be marked and that Council had a corporate position. However, this proposal would cause too much division, therefore the Alliance Party would not be supporting the motion.

Councillor McCloskey stated that there was a fundamental difference between political aspirations and a political interpretation of history and sectarianism. She stated that sectarianism was abhorrent and while she would have problems with the celebration of partition, she did not feel that a political aspiration to unite the people of this country was sectarian. She concurred with the remarks made by Councillor Reilly and supported people‟s right to celebrate and commemorate events important to them.

Alderman McClintock stated that she felt it was a really sad day for community relations in this Council area. She stated that the centenary of partition was an event that must be marked as people wished to celebrate or commemorate the occasion. She felt that the rights of all sections of the community should be taken into account and nobody was asking those who did not support it to celebrate it. She stated that it was an extremely sad day for Council if Members voted for the proposal which she described as sectarian.

Alderman McKane stated that he had prepared his parting speech for later in the meeting as this would be his last Council meeting. He expressed disappointment that he felt it necessary to change the wording because as a Unionist who had always felt welcome in the Guildhall and the City, had suddenly he got the feeling that he was no longer welcome. He stated that Alderman McClintock was right in her comments, that there were many who may not wish to celebrate the 100th anniversary of Northern Ireland. However, to actively action a proposal that would deny those who wished to celebrate it was extremely disappointing.

The Mayor stated that it was important to point out that Alderman McKane was most welcome in the Guildhall and the City regardless of the result of the vote.

Councillor Donnelly Proposed, Seconded by Councillor Gallagher

20 Page 20 That given the injustice of partition, that this Council will not participate in any event that commemorates or celebrates this injustice.

Members were then asked to vote on the proposal, the result of which was as follows:

For:- 27; Against:- 10; Abstentions:- 0.

Proposal was therefore carried and the Council

Resolved That given the injustice of partition, that this Council will not participate in any event that commemorates or celebrates this injustice.

C343/20 Christmas Programme (BC136/20)

Alderman Warke referred to the Society Street area of the City which lacked any type of Christmas decorations. He requested that Council officers look at this to see if a budget was available to decorate the area. He stated that there were also street lights in the area that were in need of repair which added to making the street look unwelcoming.

Councillor M Boyle stated that she had been contacted by a community group and a business owner at the retail park in Strabane Town regarding Christmas lighting. She stated that the community association was a small, rural organisation who have requested extra Christmas lights this year. She had spoken to the Director of Business and Culture on the matter and was advised that the budget for Christmas lights had been set for this year. She asked if there were any old sets of lights available for the community association. She stated that in regard to the retail park in Strabane, businesses were already struggling financially because of the coronavirus pandemic and whilst she understood it was a private development, they had asked for any possible assistance and support from Council. She noted that she had also written the Head of Business asking for assistance. She stated that people could not afford to pay for lighting displays to enable to provide a warm welcome to shoppers and visitors to Strabane and hoped that Council could help.

The Chief Executive asked that any requests in relation to Christmas lights be directly forwarded to officers for consideration. He stated that obviously there was a significant challenge in that there was no additional stock that would be rolled out across the Council area. He

21 Page 21 advised that it would be almost impossible to get extra stock at this stage, but officers will do what they can with the current supply of Christmas lighting.

C344/20 Monthly Environment and Regeneration Committee held on Wednesday 14 October 2020

The Minutes of the Environment and Regeneration Committee held on 14 October 2020 (ER164/20 – ER192/20) were submitted.

On a matter of accuracy, Councillor Edwards referred to ER167/20 and ER171/20 he had been referred to as Councillor Stevens.

Alderman Devenney Moved, Seconded by Councillor Dobbins and the Council

Resolved that the above minutes be adopted, as amended, as a true record of the Meeting

C345/20 Monthly Health and Community Committee held on Thursday 15 October 2020

The Minutes of the Health and Community Committee held on Thursday 15 October 2020 (HC166/20-HC184/20) were submitted.

Alderman McKane Moved, Seconded by Alderman Devenney and the Council

Resolved that the above minutes be adopted as a true record of the Meeting.

Matters Arising from the Minutes

C346/20 Chairperson of the Health and Community Committee to Step Down

Alderman McKane announced that he would be stepping down as a Councillor and Chairperson of the Health and Community Committee on 31 October. He stated that he wished to extend his thanks to the Chief Executive, the Directors and Officers for their assistance and support during his time on Council. He also extended his gratitude to the Mayor and the previous Mayor, Councillor M Boyle for their support. He extended his thanks to all the Councillors, who up until now, had welcomed him and thanked all the parties and the Independent Members for the respect shown to him and hoped his respect was reciprocated to them. He stated that it had mostly been a very enjoyable experience in a very diverse chamber. He extended his

22 Page 22 thanks to his party colleague, Alderman Guy for his support and said that they had shared more good times than sad times.

The Mayor advised Alderman McKane that he had recently spoken to Alderman Guy regarding his announcement and they felt that he may have preferred to make the announcement rather than the Mayor through Chairperson‟s Business. He stated that on behalf of Council, he wished to extend his thanks to Alderman McKane for his contribution to Council.

Members from all Parties and Independent Members, particularly from the Derg DEA extended their thanks to Alderman McKane for his good work. They stated that he had conducted business as Chairperson of the Health and Community Committee in a fair manner, bringing his knowledge and expertise from his employment in the NHS and mental health services. They stated that he was a fantastic advocate for the Derg area and extended their best wishes to him for the future.

Councillor Donnelly paid tribute to Alderman McKane and found him very fair and accommodating, positive and progressive. He stated that in respect of the previous vote that he understood his position. However, he stressed that it was not the motive behind the proposal that he should not feel welcome.

HC347/20 Land at Springhill, Strabane (HC180/20)

Councillor J Barr referred to the recommendation deferred to Council to lease the land at Springhill over 25 years at a cost of £17,500. He stated that Councillor Edwards had proposed at the Committee meeting that Council purchase the land at the cost of £20,000. He asked if there was an update available on the matter.

In response, the Director of Health and Community advised that after discussions with the legal and finance departments, that within the reserves of the former Strabane District Council, a sum of £10,000 was held towards this particular project. Therefore, if Members recommended to purchase the site then they must also agree that provision is made for the remaining cost of £10,000 to ensure an available budget for ground acquisition.

Councillor J Barr Proposed, Seconded by Councillor R Barr.

23 Page 23 That Council purchase the Land at Springhill, Strabane from the Northern Ireland Housing Executive at an initial investment of £20,000.

Members were asked to vote on the proposal, the result of which was unanimous and the Council

Resolved That Council purchase the Land at Springhill, Strabane from the Northern Ireland Housing Executive at an initial investment of £20,000.

C348/20 Bi-Monthly Assurance, Audit and Risk Committee held on Monday 19 October 2020

The Minutes of the Assurance, Audit and Risk Committee held on 19 October 2020 (AAR36/20-AAR48/20) were submitted.

On a matter of accuracy, Councillor Logue referred to AAR47/20 where she had asked Councillor McCann for clarity and she felt there would be merit if it was included that the clarification she had sought was Councillor McCann asking people that in respect to the employers had implemented all the recommended safety precautions, if the workers still felt unsafe did they still have the right to walk out. She requested that this be included within the paragraph as it was pertinent to the recommendation in the report.

A further point of accuracy was raised by Councillor Gallagher regarding AAR42/20, paragraph 8 and asked that the word „not‟ be removed from the final sentence.

It was agreed that the minutes would be amended accordingly.

Councillor McKeever Moved, Seconded by Councillor McKinney and the Council.

Resolved that the above minutes be adopted, as amended, as a true record of the Meeting.

Matters Arising from the Minutes

C349/20 Internal Audit Reports (AAR42/20)

Councillor Donnelly referred to the earlier discussion in the meeting where Alderman Devenney had furnished Members with information.

24 Page 24 He stated that if new information was available to clarify issues raised by Members, it should be presented at the Committee meeting or full Council. He asked that any additional information is forwarded to Members and in the absence of any proper verification or documentation for money spent, that Council uses the claw back measure to recoup that money.

Councillor Donnelly Proposed, Seconded by Councillor Gallagher

That In the absence of verification or documentation regarding the purchase of flowers, meal and airline ticket, that Council claws back the money if the necessary documentation is not provided.

Councillor Logue stated that after liaising with relevant Council officers to gather further information on the issues raised in the report, it was her understanding that it was not Council‟s money to recoup. The money was grant funding which was provided by a joint committee of the Department of Justice and the Policing Board. She stated that Council did not have the authority nor the right to claw back this money. She stated that she was satisfied that the relevant documentation had been verified by the joint committee.

The Director of Health and Community advised Members that a review had taken place regarding the issues raised as some Members had requested details on the matter which had been directly provided to them. She stated that officers would provide the information to all Members should they require it. She re-affirmed that the total expenditure being queried was £629.24, a small proportion of the overall PCSP budget at 0.23%. She stated that documentation was in existence and available in the PCSP offices. She stated that if Members required further details and clarification on the matter, they were held as additional support documentation.

Continuing, the Director of Health and Community clarified the following:

In terms of the meals, those payments were for reimbursements for a summer scheme programme in which a number of day trips had been organised. The expenditure was in line with the letter of offer, issued to

25 Page 25 the programme. In relation to receipts for refreshments (food) on trips, this related to summer diversionary activities. In relation to flowers, this was for a fun day where refreshments were provided and the flowers were used for decoration of the facility, again, in keeping within the letter of offer. Receipts have been provided and bank statements to document that expenditure. In terms of flights, the explanation given to Members by Alderman Devenney was correct and details were available to Members. In summary, Council had been advised from an audit perspective, that there was no issue of ineligible expenditure or no issue of any suggestion or evidence of fraud in regard to the matter. The detailed information is available to Members upon request.

The Mayor suggested that a report be presented outlining all the issues discussed to the relevant Committee.

Councillor Gallagher stated that he felt that in the 5 projects audited, the correct procedures had not been carried out, which was identified in the audit. He stated that an overall sum of £600,00 was allocated which should be audited in its entirety to find a true percentage of what was spent. He stated that any grant given body that issued a letter of offer, deemed this as a contract and within that letter should state that if any money was spent inappropriately, i.e. was not in the agreed budget, then Council should have the remit to recoup the money. As a matter of prudence, this should be included in any letter of offer. He advised that was what the proposal was asking for and did not understand why some Members showed opposition on the matter.

Councillor Reilly welcomed the additional information from the Director of Health and Community and that it had come into the public domain. He noted that officers had found no evidence of fraud. He felt that the Mayor‟s suggestion regarding a report was the correct way forward. He stated that the Director of Health and Community had stated in the lengthy and comprehensive response, it would be useful for the information to be given to Members in a considered way for their perusal. He noted that the matter has been the subject of debate at various Committee meetings over the past few months and PCSP officers had implemented the recommendations within the report before the summer and had also provided updates on progress.

Councillor Harkin commended Councillor Donnelly‟s persistence in the

26 Page 26 matter. He stated that there was a serious problem emanating from Stormont that many viewed as a culture of corruption. He felt that the public would think that it also took place at Council, adding that Council must not be seen to be corrupt when people were falling into absolute poverty. He stated that he could not understand why the majority parties in Council were so resistant to allowing transparency to fully develop.

Councillor Donnelly stated that his proposal was a matter of principle and if money had been spent that Council could not stand over, then it should be clawed back. He asked why there was so much resistance on the matter and stated that he would not be deviating from his proposal.

The Mayor agreed that the issues needed to be verified and that was why he suggested a report outlining all the relevant information for Members to make an informed decision going forward.

In response to a query by Councillor Ferguson, Councillor Donnelly stated that verification of expenditure should take place with all groups, not just PCSP.

Councillor Donnelly Proposed, Seconded by Councillor Gallagher

That In the absence of verification or documentation regarding the purchase of flowers, meal and airline ticket, that Council claws back the money if the necessary documentation is not provided.

Members were asked to vote on the proposal, the result of which was as follows:

For:- 26; Against:- 7; Abstentions:- 4.

The proposal was therefore carried and the Council

Resolved That in the absence of verification or documentation regarding the purchase of flowers, meal and airline ticket, that Council claws back the money if the necessary

27 Page 27 documentation is not provided.

Notices of Motion

C350/20 School Uniforms

Councillor Cusack Moved, Seconded by Councillor Mellon

That This Council supports the choice of students to wear trousers as opposed to skirts and vice versa as part of their regulation uniform. In this age of equality, fairness and indeed comfort, no girl or boy should be forced to wear an item of uniform which is traditionally gender related. This Council will make contact with all schools in the City and District of both primary and secondary level to encourage and promote that this choice be included in their uniform policy. Furthermore, to contact the Education Authority and Education Minister seeking their support in this matter.

Councillor Cusack requested a slight change to the wording within the motion. Members agreed.

That This Council supports the choice of students to wear trousers as opposed to skirts and vice versa as part of their regulation uniform. In this age of equality, fairness and indeed comfort, no child or young adult should be forced to wear an item of uniform which is traditionally gender related. This Council will make contact with all schools in the City and District of both primary and secondary level to encourage and promote that this choice be included in their uniform policy. Furthermore, to contact the Education Authority and Education Minister seeking their support in this matter.

Members were asked to vote on the Motion, the result of which was as follows:

For:- 37; Against:- 1; Abstentions:- 0.

The Motion was therefore carried and the Council

Resolved That this Council supports the choice of students to wear trousers as opposed to skirts

28 Page 28 and vice versa as part of their regulation uniform. In this age of equality, fairness and indeed comfort, no child or young adult should be forced to wear an item of uniform which is traditionally gender related. This Council will make contact with all schools in the City and District of both primary and secondary level to encourage and promote that this choice be included in their uniform policy. Furthermore, to contact the Education Authority and Education Minister seeking their support in this matter.

C351/20 Call to Support the Work of the Alzheimer‟s Society

Councillor Mooney Moved, Seconded by Councillor Dobbins

That This Council notes with concern figures showing that over a quarter (27.5%) of those who died from Covid-19 were people living with dementia and this is the most common underlying health condition associated with deaths from the virus.

This Council welcomes the Minister for Health‟s stated commitment to reforming Adult Social Care and urges his Department to heed Alzheimer‟s Society‟s “The Fog of Support: An inquiry into the provision of respite care and carers assessments for people affected by dementia” to ensure those living with dementia are better protected now and into the future, specifically allowing loved ones of care home residents to be given key worker status.

This Council will commit to build on the work of Alzheimer‟s Society of creating Dementia Friendly Communities by hosting a virtual „Dementia Friendly Workshop‟ which will increase the awareness and confidence of our staff to better relate to, support and communicate with people with dementia to help tackle stigma, establish best practice and reduce barriers for our ageing population within our Council area.

29 Page 29

Members were asked to vote on the Motion, the result of which was unanimous and the Council

Resolved That this Council notes with concern figures showing that over a quarter (27.5%) of those who died from Covid-19 were people living with dementia and this is the most common underlying health condition associated with deaths from the virus.

This Council welcomes the Minister for Health‟s stated commitment to reforming Adult Social Care and urges his Department to heed Alzheimer‟s Society‟s “The Fog of Support: An inquiry into the provision of respite care and carers assessments for people affected by dementia” to ensure those living with dementia are better protected now and into the future, specifically allowing loved ones of care home residents to be given key worker status.

This Council will commit to build on the work of Alzheimer‟s Society of creating Dementia Friendly Communities by hosting a virtual „Dementia Friendly Workshop‟ which will increase the awareness and confidence of our staff to better relate to, support and communicate with people with dementia to help tackle stigma, establish best practice and reduce barriers for our ageing population within our Council area.

C352/20 Summer Youth Employment Programme

Councillor Cooper Moved, Seconded by Councillor Duffy

That As a key first initiative of the proposed Job Creation & Skills Unit, that this Council agrees to work in partnership with other public sector bodies, youth service providers and the private sector to develop a Summer Youth Employment Programme aimed at 14- 21 year olds primarily from areas of multiple deprivation.

This paid internship will provide participants with a decent wage, improve their skills, provide valuable

30 Page 30 work experience and improve long term employment opportunities for kids from lower socio economic backgrounds.

And that Council should look to the Boston City youth employment scheme, which even during the COVID crisis offered 8,000 posts to young people across the city of Boston. as a model of good practice.

Members were asked to vote on the Motion, the result of which was unanimous and the Council

Resolved That as a key first initiative of the proposed Job Creation & Skills Unit, that this Council agrees to work in partnership with other public sector bodies, youth service providers and the private sector to develop a Summer Youth Employment Programme aimed at 14-21 year olds primarily from areas of multiple deprivation.

This paid internship will provide participants with a decent wage, improve their skills, provide valuable work experience and improve long term employment opportunities for kids from lower socio economic backgrounds.

And that Council should look to the Boston City youth employment scheme, which even during the COVID crisis offered 8,000 posts to young people across the city of Boston. as a model of good practice.

C353/20 Opposition to the British Government‟s Covert Human Intelligence Source (Criminal Conduct) Bill

Councillor Donnelly Moved, Seconded by Councillor Gallagher

That Council will oppose, to the extent of its remit the implementation of the British Government‟s Covert Human Intelligence Source (Criminal Conduct) Bill, which provides authority to sanction or commit criminal acts with impunity. This is an anti-democratic authoritarian Bill that extends the British

31 Page 31 governments right to break the law and breach human rights in the name of “National Security “. We would call on all those who have an interest in protecting human rights, including: Trade Unions, Advocacy Groups, Civil Liberties and Human Rights Organisations and other bodies which promote the democratic process to do all in their power to voice their concerns and oppose this Bill.

Members were asked to vote on the Motion, the result of which was as follows:

For:- 28; Against:- 6; Abstentions:- 1.

The Motion was therefore carried and the Council

Resolved That Council will oppose, to the extent of its remit the implementation of the British Government‟s Covert Human Intelligence Source (Criminal Conduct) Bill, which provides authority to sanction or commit criminal acts with impunity. This is an anti-democratic authoritarian Bill that extends the British governments right to break the law and breach human rights in the name of “National Security“.

We would call on all those who have an interest in protecting human rights, including: Trade Unions, Advocacy Groups, Civil Liberties and Human Rights Organisations and other bodies which promote the democratic process to do all in their power to voice their concerns and oppose this Bill.

C354/20 Unadopted Developments

Councillor Jackson Moved, Seconded by Councillor Duffy

That This Council recognises the issues faced by residents living in unadopted developments throughout this city and district.

32 Page 32 We call for the re-establishment of the private streets working group, to allow it to explore the many issues that this presents and explore all options open to Council to address them on behalf of our residents.

Members were asked to vote on the Motion, the result of which was unanimous and the Council

Resolved That this Council recognises the issues faced by residents living in unadopted developments throughout this city and district.

We call for the re-establishment of the private streets working group, to allow it to explore the many issues that this presents and explore all options open to Council to address them on behalf of our residents.

C355/20 Shop Local this Christmas

Councillor Duffy Moved, Seconded by Councillor Jackson

Calls on Derry City and Strabane District Council to instigate a “Shop Derry and Strabane “ campaign for Christmas.

Council should do all it can to assist our local traders and local shops throughout this difficult period, it should explore opportunities to promote local businesses through advertising, online presence and social media. This should include our shops and our small cottage industries with traders working from their homes.

We need to commit to supporting our local traders to get them and their families through Christmas so they can continue to trade in the New Year.

Members were asked to vote on the Motion, the result of which was unanimous and the Council

Resolved Calls on Derry City and Strabane District Council to instigate a “Shop Derry and Strabane “ campaign for Christmas.

Council should do all it can to assist our local

33 Page 33 traders and local shops throughout this difficult period, it should explore opportunities to promote local businesses through advertising, online presence and social media. This should include our shops and our small cottage industries with traders working from their homes.

We need to commit to supporting our local traders to get them and their families through Christmas so they can continue to trade in the New Year.

C356/20 Call to Deny Permitted Development Rights to Prospect for Oil or Gas

Councillor McGuire advised Members that he wished to present an altered notice of motion to replace his original motion contained within the agenda for the meeting.

Councillor McGuire Moved, Seconded by Councillor M Boyle

That this council restates its opposition to shale gas exploration and extraction by the process of hydraulic fracturing, otherwise known as „fracking‟ and further opposes the importation of fracked gas to the island of Ireland.

Furthermore, that this Council, having already recognised that we are in a climate emergency;

being aware of the environmental damage caused by fracking and all forms of exploration and extraction of fossil fuels;

and furthermore aware of our duties under the Paris Agreement to drastically decarbonise to limit global warming to 1.5 degrees by the end of the century;

again calls on the Minister for the Economy to place an immediate moratorium on the issue of all petroleum licenses, acknowledges the Minister for Infrastructure‟s intention to amend the regulations

34 Page 34 around permitted development rights and calls on that Minister to now place a ban on prospecting for oil and/or gas and update the „Strategic Planning Policy Statement' accordingly.

Councillor R Barr Proposed an Amendment, Seconded by Councillor Gallagher

That this Council restates its opposition to shale gas exploration and extraction by the process of hydraulic fracturing, otherwise known as „fracking‟ and further opposes the importation of fracked gas to the island of Ireland.

Furthermore, that this Council, having already recognised that we are in a climate emergency;

being aware of the environmental damage caused by fracking and all forms of exploration and extraction of fossil fuels and precious minerals;

and furthermore aware of our duties under the Paris Agreement to drastically decarbonise to limit global warming to 1.5 degrees by the end of the century;

again calls on the Minister for the Economy to place an immediate moratorium on the issue of all exploratory petroleum licenses, acknowledges the Minister for Infrastructure‟s intention to amend the regulations around permitted development rights for oil/gas extraction along with precious mineral mining and calls on that Minister to now place a ban on prospecting for oil and/or gas and update the „Strategic Planning Policy Statement' accordingly.

Members were asked to vote on the Amendment, the result of which was unanimous and became the Substantive Motion.

Alderman Kerrigan proposed a further Amendment Seconded by Alderman Devenney

That This Council, recognising we are in a climate emergency and being aware of public concern and opposition to the use of hydraulic fracturing

35 Page 35 (fracking), notes there are currently no applications in Northern Ireland to use fracking, but calls for all decisions on any future applications to be taken by the Northern Ireland Executive as a whole.

However, after having received advice from the Chief Executive that it was now a different notice of motion, Alderman Kerrigan withdrew the amendment.

Members where then asked to vote on the Substantive Motion, the result of which was unanimous and the Council

Resolved That this Council restates its opposition to shale gas exploration and extraction by the process of hydraulic fracturing, otherwise known as „fracking‟ and further opposes the importation of fracked gas to the island of Ireland.

Furthermore, that this Council, having already recognised that we are in a climate emergency;

being aware of the environmental damage caused by fracking and all forms of exploration and extraction of fossil fuels and precious minerals;

and furthermore aware of our duties under the Paris Agreement to drastically decarbonise to limit global warming to 1.5 degrees by the end of the century;

again calls on the Minister for the Economy to place an immediate moratorium on the issue of all exploratory petroleum licenses, acknowledges the Minister for Infrastructure‟s intention to amend the regulations around permitted development rights for oil/gas extraction along with precious mineral mining and calls on that Minister to now place a ban on prospecting for oil and/or gas and update the „Strategic Planning Policy Statement' accordingly.

Councillor McCloskey left the meeting at this point.

36 Page 36 C357/20 Air Quality Action Plan

Councillor McCann Moved, Seconded by Councillor Harkin

That Council will recall that a motion was moved at the December 2019 Council meeting calling for action to combat poor air quality in the council area. Officials advised at that time that the motion was premature, given the imminent publication of a report which might have a bearing on the motion. Council notes that the report has since been produced but does not have a bearing on the motion.

Council endorses the thrust of the December 2019 motion as now resubmitted:

Council acknowledges that poor air quality has harmful effects on human health, especially on the health of the elderly, the infirm and young children.

Council recognises that urgent action needs to be taken to tackle air pollution. Council commits to increasing its air quality monitoring across its council area, including of harmful PM2.5s, PM10s and ammonia;

Council will create an air quality action plan and adopt World Health Organisation standards for PM2.5;

Council will bring forward draft policy options for discouraging the installation of fossil fuel heating and wood burning stoves in all new planning projects. Council will devise a set of criteria to be agreed by Members above which an air quality assessment will be required to accompany planning applications;

Council will organise a series of seminars to upskill members on Current Air Quality issues. Council will write to all other councils urging them to pass a similar air quality motion;

Council will write to the Northern Ireland Executive asking for an update on the effectiveness of the air

37 Page 37 quality monitoring station at Brooke Park since the station was moved from its original location at the junction of Creggan Road and Marlborough Terrace;

Council will underline to the Executive the urgent need for a NI Clean Air Act to include WHO threshold for PM2.5

Members were asked to vote on the Motion, the result of which was unanimous and the Council

Resolved Council will recall that a motion was moved at the December 2019 Council meeting calling for action to combat poor air quality in the council area. Officials advised at that time that the motion was premature, given the imminent publication of a report which might have a bearing on the motion. Council notes that the report has since been produced but does not have a bearing on the motion.

Council endorses the thrust of the December 2019 motion as now resubmitted:

Council acknowledges that poor air quality has harmful effects on human health, especially on the health of the elderly, the infirm and young children;

Council recognises that urgent action needs to be taken to tackle air pollution. Council commits to increasing its air quality monitoring across its council area, including of harmful PM2.5s, PM10s and ammonia;

Council will create an air quality action plan and adopt World Health Organisation standards for PM2.5;

Council will bring forward draft policy options for discouraging the installation of fossil fuel heating and wood burning stoves in all new planning projects. Council will devise a set of

38 Page 38 criteria to be agreed by Members above which an air quality assessment will be required to accompany planning applications;

Council will organise a series of seminars to upskill members on Current Air Quality issues. Council will write to all other councils urging them to pass a similar air quality motion;

Council will write to the Northern Ireland Executive asking for an update on the effectiveness of the air quality monitoring station at Brooke Park since the station was moved from its original location at the junction of Creggan Road and Marlborough Terrace;

Council will underline to the Executive the urgent need for a NI Clean Air Act to include WHO threshold for PM2.5

C358/20 Global Poverty and Debt

Councillor Durkan Moved, Seconded by Councillor J Boyle

That This Council recognises that the Covid-19 pandemic has significantly impacted upon the health, safety and survival of people all around the world, with the populations of the poorest countries being forced deeper into poverty.

Council notes that this is an unprecedented time of multiple crises- with the pandemic coinciding with the global economic recession and escalating climate emergency.

Council notes that the continuing global debt problem is a barrier to people‟s survival, fight against inequality and the realization of human rights.

Council calls for urgent action from governments, international institutions and relevant agencies and lending bodies to address the debt crisis to include:

-the cancellation of debt payments for the world's poorest countries;

39 Page 39 -Resources freed from debt to address immediate needs for vital healthcare, social protections, rights protections and to undertake urgent climate action.

-Review and Restructuring of lending, borrowing and payment policies aimed at preventing the re- accumulation of unsustainable and illegitimate debt.

Members were asked to vote on the Motion, the result of which was unanimous and the Council

Resolved That this Council recognises that the Covid-19 pandemic has significantly impacted upon the health, safety and survival of people all around the world, with the populations of the poorest countries being forced deeper into poverty.

Council notes that this is an unprecedented time of multiple crises- with the pandemic coinciding with the global economic recession and escalating climate emergency.

Council notes that the continuing global debt problem is a barrier to people‟s survival, fight against inequality and the realization of human rights.

Council calls for urgent action from governments, international institutions and relevant agencies and lending bodies to address the debt crisis to include:

-the cancellation of debt payments for the world's poorest countries;

-Resources freed from debt to address immediate needs for vital healthcare, social protections, rights protections and to undertake urgent climate action.

-Review and Restructuring of lending, borrowing and payment policies aimed at preventing the re-accumulation of unsustainable and illegitimate debt.

40 Page 40 C359/20 River FM Radio Station

Alderman Guy Moved, Seconded by Alderman McKane

That This Council supports those involved with our local youth radio station River FM;

recognises their efforts in putting the youth of our council area first by offering opportunities to work in local media;

supports their ambition to obtain a non-profit FM community radio licence from Ofcom;

and writes to request that Ofcom reverse their decision not to allow River FM the same opportunities that it has afforded other regions of the UK and NI in providing a needs based community youth station on the FM spectrum which River FM facilitates in our Council area.

Councillor J Boyle suggested that representatives from River FM be invited to make a presentation to the relevant Committee to provide Members of details on the work and ambitions of the radio station. Members agreed.

In response to a request for an update regarding Drive 105FM from Councillor J Boyle, the Mayor advised that conversations were still ongoing with the radio station and would he furnish Members with the updated information as requested.

Members were asked to vote on the Motion, the result of which was unanimous and the Council

Resolved This council supports those involved with our local youth radio station River FM;

recognises their efforts in putting the youth of our council area first by offering opportunities to work in local media;

supports their ambition to obtain a non-profit FM community radio licence from Ofcom;

41 Page 41 and writes to request that Ofcom reverse their decision not to allow River FM the same opportunities that it has afforded other regions of the UK and NI in providing a needs based community youth station on the FM spectrum which River FM facilitates in our council area.

C360/20 Commercial Dredging of Lough Neagh

Councillor Harkin Moved, Seconded by Councillor Gallagher

That Council notes with great disappointment the decision of Infrastructure Minister Nicola Mallon to grant continued commercial dredging of the European protected area Lough Neagh. Environmental campaigners Friends of the Earth said, "The Minister's decision has made a mockery of our environmental designations and our protections."

This decision amounts to an assault on our ecology that will, if unchecked, lead to an environmental wasteland.

Council will write to the Minister expressing our objection on the basis of our Climate Emergency Declaration and Pledge. Council will support efforts to reverse the decision. Council will invite representatives from Friends of the Earth and the Environmental Gathering for a presentation on the ramifications of this decision.

Councillor Reilly Proposed an Amendment, Seconded by Councillor Dobbins

That Council welcomes the recent launch of a cross-party Assembly Bill to tackle the climate emergency; notes points raised by Friends of the Earth in relation to the recent decision on sand dredging of Lough Neagh; further recognises Minister Mallon's statement that she commits to continuing to monitor the balance between the economic and environmental impact of sand dredging of Lough Neagh.

Council will write to the Minister outlining our

42 Page 42 Climate Emergency Declaration and Pledge. Council will invite representatives from Friends of the Earth and the Environmental Gathering for a presentation on the ramifications of this decision.

Councillor Harkin stated that he wished to challenge the admissibility of the amendment and sought advice on the matter. He believed that the amendment fundamentally altered the content of the original motion.

The Chief Executive referred to section 17.1(2) of standing orders and advised that he and the Lead Legal Services Officer had considered the matter independently and have concluded that the amendment was admissible for the following reasons: it did not negate the original motion; it notes the comments raised by Friends of the Earth, Council were still requested to write to the Minister; the amendment did not set out support and that the invite would still be extended to the environmental groups. He stated that the notice of motion had been weakened by the wording of the amendment, however it had not been negated.

He stated that there was an element of subjectivity to the matter and that it was ultimately the decision of the Mayor whether or not to accept the amendment.

Councillor Harkin argued that the amendment did negate the original motion as it altered the core proposal „that Council objected‟ had been omitted from the motion. Therefore, on that basis, he still wished to challenge the validity of the amendment and suggested that the SDLP submit their amendment as a notice of motion at a subsequent Council meeting.

The Chief Executive advised that the consistent advice of the Lead Legal Services Officer in relation to notices of motion was to be extremely economical with language when proposing a notice of motion. Had the notice of motion simply contained that statement to object, the amendment would then be a negation. However, the notice of motion contained a number of actions and must be reviewed in its entirety.

The Mayor stated that it was his understanding as Councillor Harkin had outlined earlier in the meeting that he had requested advice on the amendment from the Chief Executive and the Lead Legal Services Officer. He stated that they had both provided that advice independently. He stated that he had always taken advice from them

43 Page 43 on all issues that have been called into question and had always strongly heeded the advice given. Therefore, he would permit the amendment.

Members were asked to vote on the Amendment, the result of which was as follows:

For:- 27; Against:- 6; Abstentions:- 0.

The Amendment was therefore carried.

Councillor Kelly Proposed a further Amendment, Seconded by Councillor Duffy

That Council welcomes the recent launch of a cross-party Assembly Bill to tackle the climate emergency; notes points raised by Friends of the Earth in relation to the recent decision on sand dredging of Lough Neagh; further recognises Minister Mallon's statement that she commits to continuing to monitor the balance between the economic and environmental impact of sand dredging of Lough Neagh.

Council will write to the Minister outlining our Climate Emergency Declaration and Pledge. Council will invite representatives from Friends of the Earth and the Environmental Gathering, the Lough Neagh Partnership and the Quarry Products Association for a presentation on the ramifications of this decision.

Members were asked to vote on the Amendment, the result of which was as follows:

For:- 17; Against:- 11; Abstentions:- 3.

The Amendment was therefore carried and subsequently became the Substantive Motion.

That Council welcomes the recent launch of a cross-party Assembly Bill to tackle the climate emergency; notes points raised by Friends of the Earth in relation to the recent decision on sand dredging of Lough Neagh; further recognises Minister Mallon's statement that she commits to continuing to monitor the balance

44 Page 44 between the economic and environmental impact of sand dredging of Lough Neagh.

Council will write to the Minister outlining our Climate Emergency Declaration and Pledge. Council will invite representatives from Friends of the Earth and the Environmental Gathering, the Lough Neagh Partnership and the Quarry Products Association for a presentation on the ramifications of this decision.

Councillor Harkin described the vote as disappointing and also very revealing. He felt that Sinn Féin, SDLP, DUP, UUP and the Alliance Party along with Council officers did not understand the climate emergency or what it meant to take a climate pledge. He stated that Council had effectively torn up the climate pledge.

The Mayor advised Councillor Harkin that Council officers provided advice and support. Councillor Harkin had asked for an officer opinion. The Chief Executive provided that opinion and also indicated that it was the decision of the Mayor whether or not to accept the amendment. He stated that it was unfair of Councillor Harkin to berate council officers for providing support and advice to the Mayor as Chair of Council or Members.

On a Point of Order, Councillor Reilly concurred with the Mayor‟s comments in relation to Councillor Harkin‟s remarks. He stated that he could have commentary on any of the Elected Members without interference and that people will have their say but to paint officers with a political opinion was wrong. He asked Councillor Harkin to withdraw his remarks. He stated that Councillor Harkin would have people believe that he was the champion of worker‟s rights and encouraged workers to join trade unions so he can‟t allow himself to be in a position where he was painting members of Council staff in this way.

The Chief Executive advised that he would address the issues raised by Councillor Harkin in respect of Council officers directly.

Members were asked to vote on the Substantive Motion, the result of which was as follows:

For:- 28; Against:- 4; Abstentions:- 0.

The Substantive Motion was therefore carried and the Council

45 Page 45 Resolved That Council welcomes the recent launch of a cross-party Assembly Bill to tackle the climate emergency; notes points raised by Friends of the Earth in relation to the recent decision on sand dredging of Lough Neagh; further recognises Minister Mallon's statement that she commits to continuing to monitor the balance between the economic and environmental impact of sand dredging of Lough Neagh.

Council will write to the Minister outlining our Climate Emergency Declaration and Pledge. Council will invite representatives from Friends of the Earth and the Environmental Gathering, the Lough Neagh Partnership and the Quarry Products Association for a presentation on the ramifications of this decision.

Open for Information

C361/20 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.

C362/20 Resolutions from other Councils

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.

C363/20 Sealing List October 2020

Alderman Devenney Moved, Councillor Mooney Seconded and the Council

Resolved that the seal of the Council be affixed to the following documents Sealing List – October 2020

Document Sealed 17 September 2020

46 Page 46

Conveyance in duplicate:- Fountain Street Community Development Association ~to~ Derry City and Strabane District Council relating to land at Fountain Street, Strabane.

Deed of Surrender of Sub-Lease in duplicate:- Derry City and Strabane District Council ~and~ Fountain Street Community Development Association relating to land at Fountain Street, Strabane.

Documents Sealed 9 October 2020

Licence Agreement in triplicate:- St Columb's Diocesan Trust ~and~ Derry City and Strabane District Council relating to lands at Trench Road, Derry.

Licence Agreement:- Karen Grace t/as Twos Company Catering relating to Gwyn‟s Pavilion Brooke Park, Derry.

Documents Sealed 14 October 2020

Lease in duplicate:- Derry City and Strabane District Council ~and~ Bronagh Kearney, Nicola Bradley, Donna Nicholas and Linda Sayers Trustees of Jack & Jill Playgroup relating to premises at Dergbrough Road, Plumbridge.

Documents Sealed 15 October 2020

Deed of Indemnity:- Northern Ireland Tourist Board ~and~ Derry City and Strabane District Council relating to Design, Support and Hosting of E-Tourism related Website Platform.

Documents Sealed 29 October 2020

Grant of right of Burial in Ballyoan Cemetery

Dr Ian Palin, 13 Summerhill, Prehen Park, L‟derry, BT47 2PL

Grant of Right of Burial in Claudy Cemetery

Mrs Mandy Harkness, 184 Abbeydale, Waterside, BT47 6FY Ms Elaine Ferguson, 130 The Old Fort, Derry, BT47 6SS

47 Page 47 Grants of Right of Burial in City Cemetery

Ms Catherine McCauley, 20 Aranmore Avenue, Creggan, Derry, BT48 9TS Mr Denis White, 7 Leenan Gardens, Derry, BT48 9NF Mr Bernard Friel, 12 Old School Lane, Derry, BT48 8SP Kathleen Doherty, 155 Sunbeam Terrace, Derry, BT48 6UU Mrs Aishling Joyce, 5 Meadow Vale, Dundrain, Burnfoot, County Donegal Mr Emmanuel Carvana, 3 Creggan Heights, Derry, BT48 9QS Siobhan Duffy, 6 Fairways, Derry, BT47 2NN Mrs Mary Moore, 19 Brewsters Close, Derry, BT48 6AH Mr Liam Lynch, 12 Oakfield Avenue, Derry, BT48 9BD Mr Pat Reid, 28 Eastway Gardens, Derry, BT48 9QB Mr Pius Cox, 4 Manse Farm, Derry, BT48 8GN Mrs Kathleen Kelly, 33 Ardnamoyle, Derry, BT48 8HN Ms Lisa Devine, 218 Clon Elagh, Derry, BT48 8TR Mrs Kayleigh Fulton, 42 Earhart Park, Derry, BT48 8FN Mr John Anthony Toland, 11 Joseph Place, Derry, BT48 6LH Ms Shauna Doherty, 22 Chamberlain Street, Derry, BT48 6LR Ms Geraldine Chambers, 24 Hatmore Park, Derry, BT48 0AY Mr John Friel, 25 Portlock Place, Derry, BT48 8PR Ms Emma Doyle, 51 Magowan Park, Creggan, Derry, BT48 9SJ Ms Alicia McDaid, 10 Rathmore Road, Derry, BT48 9BS Mrs Paula McIvor, 6 Woodland Mews, Derry, BT47 2FF Mr Martin O‟Hara, 241 Ivy Mead, Derry, BT47 3SW Mr Sean Toland, 5 Three Gables, Foyle Road, Derry, BT48 6AY

Grants of Right of Burial in Ardstraw Burial Ground Don Craig, 9 Linen Green, Sion Mills, Strabane, Co Tyrone, BT82 9TL

Grants of Right of Burial in Aughalane Burial Ground Ivan McKelvey, 31 Main Street, Plumbridge, Omagh, Co Tyrone, BT79 8DQ Lorna Griffin, 23 Gortmore Gardens, Omagh, Co Tyrone, BT78 5DZ

Grants of Right of Burial in Castlederg Burial Ground David Montgomery, 9B Hazel Grove, Castlederg, Co Tyrone, BT81 7RW James McKibbin, 15 Derg Fold, Castlederg, Co Tyrone, BT81 7AJ

48 Page 48 Stephen Allen, 29 Erganagh Road, Castlederg, Co Tyrone, BT81 7JQ

Grants of Right of Burial in Mountcastle Burial Ground Donna Hepburn, 5 Wallace Heights, Magheramason, Co Londonderry, BT47 2SD John McCrea, 15 Lowry‟s Lane, Ballymagorry, Strabane, Co Tyrone, BT82 0NP Roberta Ferguson, 48 Primity Terrace, Newbuildings, Co Londonderry, BT47 2QX Ryan Rutherford, 66 Duncastle Park, Newbuildings, Londonderry, BT47 2QL

Grants of Right of Burial in Strabane Burial Ground Yvonne O‟Kane, 20 Evish Grove, Strabane, Co Tyrone, BT82 8HR Aaron Moore, 71 Springhill Park, Strabane, Co Tyrone, BT82 8BZ Noreen Dunnion, 160 Ballycolman Estate, Strabane, Co Tyrone, BT82 9AJ Anna McCauley, 5 Innisfree Gardens, Strabane, Co Tyrone, BT82 8JD Ann Jefferson, 33 Drumrallagh, Strabane, Co Tyrone, BT82 8JW

Grants of Right of Burial in Urney Burial Ground Violet Brown, 16 Spruce Road, Strabane, Co Tyrone, BT82 8LL

C364/20 Local Government Act (Northern Ireland) 2014 – Confidential Business

Alderman Devenney Moved, Councillor Mooney Seconded and the Council

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 24 September 2020;

(b) Adoption of the Confidential Minutes of the following Committees

49 Page 49

(i) Special Environment and Regeneration Committee held on 21 September 2020 (ii) Monthly Governance and Strategic Planning Committee held on 6 October 2020 (iii) Monthly Planning Committee (Reconvened) held on 8 October 2020 (iv) Monthly Business and Culture Committee held on Tuesday 13 October 2020 (v) Monthly Environment and (vi) Regeneration Committee held on Wednesday 14 October 2020. (vii) Monthly Health and community Committee held on Thursday 15 October 2020.

The Meeting then went into Confidential Business.

50 Page 50 Agenda Item 8a

Derry City and Strabane District Council

Open Minutes of the Meeting of the Governance and Strategic Planning Committee held Remotely on Tuesday 3 November 2020 at 4.00 pm ______

Present:- Alderman Guy (in the Chair), Aldermen Bresland, McClintock and McCready, Councillors J Boyle, M Boyle, Fleming, Cooper, Donnelly, Duffy, Gallagher, McKeever, Mooney and Reilly.

Non-Members of Committee – Councillors Durkan, Farrell, Ferguson, Logue and McCann.

In Attendance:- Chief Executive (Mr J Kelpie), Lead Finance Officer (Mr A Dallas), Lead Democratic Services and Improvement Officer (Ms E Cavanagh), Head of Human Resources (Mrs P Donnelly), Strategic Business Manager (Mrs R Craig), Senior Economist (Mr M Gallagher) and Committee Services Assistant (Ms N Meehan).

______

GSP154/20 Notice and Summons for Meeting

The Chief Executive read the Notice and Summons for the Meeting.

GSP155/20 Member Attendance and Apologies

The Chief Executive took the roll call and no apologies were recorded.

GSP156/20 Broadcasting Statement

The Chairperson read the Broadcasting Statement for the Meeting.

GSP157/20 Declarations of Members’ Interests

The following Declarations of Interests were recorded:

Item 5:- To receive representatives from Northern Ireland Housing Executive to present the Housing Investment Plan – Annual Update 2020 – Councillor Duffy.

Open for Decision

1 Page 51 GSP158/20 To Receive Representatives from NIHE to present the Housing Investment Plan – Annual Update 2020

The Committee received Mr C Bailie, Chief Executive, Mr E Doherty, Area Manager, Mr P Isherwood, Director of Asset Management and Mr J Cassidy, Senior Planner NIHE who presented the Housing Investment Plan – Annual Update 2020, a copy of which had previously been circulated.

Members thanked Mr Bailie for his presentation.

GSP159/20 To Receive Representatives from NIHE to deliver a Presentation on Housing Stock Transfers and Major Adaptations Plan

The Committee received Mr A Kennedy, Assistant Director, Asset Strategy who delivered a presentation on Housing Stock Transfers: a copy of which had previously been circulated.

The Committee then received Ms L Vincent, Assistant Director, Project Delivery, Asset Strategy who gave a power-point presentation on the Major Adaptations Plan which addressed the following:

Historical Overview

In-House Pilot Project

Pilot Project Benefits Major Adaptations Plan Limitations North Regional Issues

Insite Dashboard

Derry/Strabane Live Project

Total Projects Within the

Derry/Strabane OT Referrals

Members thanked the Chief Executive and his team for their comprehensive presentations which were most informative.

Councillor Logue welcomed the reports received and referred to the announcement earlier that day by the Minister for Communities

2 Page 52 regarding the future role of the Housing Executive. She said this announcement reflected Sinn Fein’s commitment towards the future sustainability of the Housing Executive allowing the organisation to borrow and build and ensure it became stronger in the future. She welcomed the announcement which she anticipated would change and improve many of the Housing Executive’s current strategies. She referred to discussions which had taken place between representatives of her Party and Ms Vincent the previous year, regarding concerns at the time involved in the provision and installation of disabled adaptations to properties in the City. Whilst acknowledging the reasons pertaining to the length of time involved she felt it was important to welcome the new tool developed in-house and the dashboard together with more common sense approaches being adopted in an effort to having adaptations carried out in a timely manner. She looked forward to this backlog being addressed in the near future.

In regards to the issue of stock transfer, Councillor Logue said she felt the Assets Management Strategy would now be delayed given the Minister’s announcement earlier that day.

In regards to the Housing Investment Plan, Councillor Logue stated that Sinn Fein welcomed the development of an Accessible Housing Register which would help people to navigate suitable housing solutions. She suggested that the Housing Executive instruct their Patch Managers to liaise with tenants in properties where disabled adaptations had already been carried out, in order to ascertain current need. Many of those for whom the adaptations had originally been installed had either passed away or were in residential housing. She referred to the fact that if existing tenants were to move, these properties would prove considerable assets and could potentially assist in addressing waiting lists for disabled adaptations to properties. She referred to the possibility of developing a register in respect of those applicants with physical disabilities and specific requirements. This, she hoped would ensure, that on allocation a property was equipped with the specific needs of the tenants.

Councillor Logue acknowledged and welcomed the positive working relationship which existed between Council and the local Housing Executive branch and the partnership working which had proved most successful. She referred to the difficulties which had been experienced during Covid-19 and commended local staff on their hard work and commitment during these particularly difficult circumstances.

3 Page 53

Councillor Reilly welcomed the representatives from the Housing Executive and thanked them for their detailed and engaging presentations to Committee. He said these had proved timely given the Minister’s announcement earlier that day in regards to the Housing Executive and the impact on local communities. He welcomed the Minister’s announcement and emphasised that this was an aspiration shared and supported by his Party, the success of which would be measured in terms of delivery. He also welcomed the fact that a Minister was now in place to lead this aspiration and deliver the changes needed in regards to housing in this Council area both rural and urban. He acknowledged the high levels of need throughout the entire Council area where there was a huge demand for social housing. He sought an update in respect of the Waterside Triangle, pointing out that this was an area which had been in much need of improvement for some considerable time and in respect of which improvement works had been assured. However, these necessary works had faced continuous delays due to the lack of a functioning Executive.

Councillor Reilly welcomed the work being carried out in regards to the Major Adaptation Plan which involved a number of government departments. He referred to delays in regards to the provision of major adaptation works and the impact on those with a disability. He referred to the need for an urgent overhaul of the current housing points system, acknowledging discussions which had taken place regarding intimidation points and how these could be better interrogated. He expressed concern at the extended time being spent by those people in temporary accommodation and referred to the need for a change in the current points/allocation system which would help to address this problem. He acknowledged, however, that a part of these major changes would be the borrowing powers given to the Housing Executive. He felt that as well as investing in stock it would also be necessary for the Housing Executive to consider how to use its own resources in regards to its new build programme.

Councillor Gallagher referred to the ongoing social housing stress and increasing waiting lists which existed in this Council area and the lack of investment by successive governments to address this problem. He felt the Housing Executive was successful in regards to providing accommodation and offering support to tenants. He commended the commitment shown by local Housing Executive officials in terms of support and engagement with tenants. He said the Housing Executive was one of the statutory bodies willing to engage at grass roots to

4 Page 54 address, understand and ultimately identify solutions to the problems which existed.

Councillor Gallagher referred to the help and assistance provided to many local residents through the Covid Support Funding and the Resilience Plan at local level. He referred to the success in addressing issues regarding anti-social behaviour and bonfires within this Council area, which was greatly assisted by the Housing Executive. He enquired as to the current position in regards to refurbishment works at the block of flats at Lisnafin.

Councillor Gallagher expressed concern at the potential for privatisation in regards to the issue of Stock Transfers leading to the ultimate demise of the Housing Executive. He referred to the period during which stock transfers were taking place which coincided with an apparent centralisation of the Housing Executive and referred to the need for decentralisation in order for the Housing Executive to become more effective in its work. He said the Housing Executive worked most effectively at a local level.

He referred to the need for engagement between the Housing Executive and the Western Health Care Trust, and in particular Occupational Therapists, in regards to the carrying out of adaptation works. Networking was vital in order to bring together the many stakeholders involved to ensure that all those issues pertaining to adaptations for disabled persons were addressed.

Councillor M Boyle welcomed the presentations. She enquired as to proposals in respect of rural housing, acknowledging the need for green infrastructure. She stated that people living in the rural area believed they were being overlooked in regards to issues such as transport, housing, planning and the sustainability of rural communities. She enquired as to the Housing Executive’s planning proposals for rural housing. She referred to the need for a community approach to development within rural communities. She referred to the importance of meeting the needs of those people living in the rural areas to sustain rural communities. She referred to the previous closure of businesses in the rural area due to the lack of housing stock and development. Such development was necessary to sustain the rural economy.

Councillor M Boyle referred to limited provision of temporary accommodation in the Strabane area. She referred to the current

5 Page 55 waiting list for access to the support services in Strabane. Whilst acknowledging that temporary accommodation was available in Derry and elsewhere she enquired if there were plans to build more temporary accommodation in the Strabane area in the near future. She enquired as to the number of vacant properties throughout the Council district and referred to the need for works to be carried out to ensure that this stock was returned to Housing Executive ownership. She acknowledged the excellent work carried out by the Housing Executive in the Strabane area particularly during Covid. She also commended the Housing Adaptation Team in Derry on their hard work and efforts throughout this period.

Mr Bailie welcomed Members comments and recognised how valued and respected his colleagues were at a local level. He referred to the importance of local links, acknowledging that the Housing Executive had responsibility for Northern Ireland as a whole.

Mr Bailie acknowledged that the Housing Executive had not been meeting the targets in regards to rural housing in recent years and reassured Members that efforts were being made to ensure that targets were met this year.

Mr Kennedy advised that the Housing Executive had been working closely with the Department in regards to the extensive refurbishment scheme for the Waterside Triangle. He referred to the considerable costs involved in these works and to a number of issues which had been raised by the Department, which the Housing Executive was in the process of responding to. He advised that earlier that day he had responded to a number of queries submitted by the Department of Finance regarding the matter. He pointed out that given the size of the scheme and the costs involved and the financial limitations facing the Housing Executive, Department approval was required in order to progress the scheme. He reiterated that the Housing Executive were endeavouring to answer all of the queries presented by the Department satisfactorily in order that approval could be granted and the scheme progressed without further unnecessary delay.

Mr Cassidy referred to a major problem being experienced in regards to the availability and acquisition of land in terms of addressing rural housing need. He stated that under the current programme, thirty-four units of housing were programmed for the period 2020/2024. He stated that the Housing Executive was currently working on site investigation studies and were also working on a programme of rural

6 Page 56 assessment tests in respect of certain areas. He advised that rural assessment tests had previously been carried out in Magheramason with one programmed to be carried out in Plumbridge. He suggested that Members submit areas in respect of which they would propose a rural assessment test being carried out.

Mr Doherty acknowledged the lack of temporary accommodation in the Strabane area and referred to internal discussions which were taking place regarding the challenges presented by Covid in regards to temporary accommodation. He referred to discussions which were ongoing with a developer in regards to the provision of temporary accommodation in Strabane. He referred to a scheme to develop twenty-one one-bed apartments for the purpose of specifically addressing temporary accommodation requirements in the Strabane area. It was anticipated that this scheme would be completed in early January.

In regards to vacant properties, Mr Doherty referred to restrictions placed on Patch Managers as a result of Covid which prevented on-site visits. He stated that all reports regarding vacant properties were thoroughly investigated. He stated that there were currently very few recorded vacant properties, however, close liaisons did take place with the Housing Executive’s Fraud Department regarding this matter. He undertook to advise the said Member in regards to specific numbers of vacant properties in the Strabane area. He referred to the importance of this issue given the Housing Executive’s need to maximise the use of its properties to address increasing waiting lists and demand for properties.

Councillor Duffy welcomed the very informative presentations and she thanked Mr Doherty and the local staff for their hard work and efforts. She referred to the excellent working relationship which existed between local staff and elected representatives. She stated that this was a momentous occasion in terms of the Minister’s announcement in regards to the review of the Housing Executive. She said her Party had been striving for such a review for a considerable period of time. She welcomed the ring fencing of funding in respect of Derry and North Belfast and other areas. This had been dismissed by previous Ministers and had resulted in a reduction of housing stock in these area. She referred to ongoing discussions regarding homelessness. She stated that during Covid there had been a recognised increase in the number of people being provided with temporary accommodation particularly in the City centre in pop-up B&Bs. She expressed concern that these

7 Page 57 were extremely vulnerable individuals with very high support needs which were not being met. They were not receiving the services they required and at times were being placed in extremely dangerous situations. She referred to the need for this issue to be resolved and acknowledged the work carried out by Mr Doherty in this regard. She referred to the support services which existed within the City in regards to floating support which she felt must be utilised but she also referred to the wider issues which needed to be addressed. She stated that dealing with homelessness was not merely a matter of providing accommodation it was also necessary to ensure that support was available for very vulnerable individuals to allow them to address their issues.

Councillor Duffy referred to the Supporting People Programme and its personal importance as someone employed in the homelessness sector. She referred to the continuous hard work carried out by frontline staff employed in this service, particularly during Covid, who had not received any recognition for their efforts either financially or otherwise. The members of staff struggled as inflation continued to rise whilst their earnings remained the same. She anticipated that this would also be addressed by the Minister as part of her fundamental review of the Housing Executive.

She welcomed plans to carry out a review of the current points system which was totally unfair, particularly for areas such as Derry, where the points required for housing allocation were much higher than in other areas. She referred to areas of high need and high deprivation such as Creggan, Ballyarnett and Shantallow and pointed out that it was vital that residents were given a chance to accumulate the necessary points to secure accommodation. She said it was a daily struggle for those concerned to accumulate the points required to be allocated accommodation in such areas. Without obtaining the necessary points these people would continue to live in bedsits, B&Bs and in overcrowded conditions and remain in housing stress indefinitely. She referred to a proposed 119 dwelling development for the Creggan area which was much needed, given the considerable number of points required in respect of housing allocation in this area. She referred to a number of potential difficulties in regards to the proposed development. She acknowledged that Council had a role in regards to the development and anticipated that it would do all in its power to ensure the progression of the proposed development.

8 Page 58 Councillor Donnelly concurred with the previous speaker’s comments in regards to the proposed housing development in Creggan. He also referred to the considerable number of points required in respect of housing allocation in this area. He stated that the Housing Executive presented an excellent model in regards to housing provision. He commended Mr Doherty and the local staff for the confidentiality and commitment shown by them in addressing the needs of their tenants and issues which existed in regards to housing need and homelessness. He referred to the Minister’s announcement and said the Housing Executive had a background and an ethos in regards to human rights in terms of divorcing the issue of social housing from sectarian politics. He queried why such an announcement had taken so long and why it had been necessary to wait until the Housing Executive was almost at breaking point before presenting such a common sense proposal. He anticipated that the announcement would prove a positive step and would mark the end of the privatisation of the Housing Executive by stealth. He referred to the obvious need for additional social housing and the ultimate benefits to be derived from the development of additional housing in terms of creating employment, the payment of additional rent all of which could go back into and help the local economy. As an elected representative and a Housing Executive tenant he acknowledged the excellent work carried out by the Housing Executive on a daily basis. He referred to the overwhelming support for the Housing Executive in this City and District and to opposition against any future stock transfer. He said the Housing Executive must be defended and referred to the need for action to be taken to ensure that this was a properly funded organisation in going forward.

Councillor Mooney paid tribute to the work carried out by the Housing Executive. He concurred with the sentiments expressed by Councillors Duffy and Donnelly in regards to the current points system and the difficulty in terms of housing allocation in particular areas because of the current system.

Alderman McClintock welcomed the Minister’s announcement regarding the review of the Housing Executive and looked forward to seeing the out-workings of this in the future. She said the Housing Executive was clearly held in high estimation by its tenants and referred to the positive relationship which existed between the Housing Executive and its tenants. She also commended local Housing Executive staff on their commitment. She welcomed the noticeable expanse of social housing on the Cityside but stated that unfortunately this was not apparent in the Waterside. She expressed concern that the

9 Page 59 issues in regards to the Waterside Triangle would not be resolved in the near future, given the extent of the delays being experienced. She anticipated that a resolution to these problems would be identified. She also welcomed the Major Adaptation Plan and the fact that delays would be highlighted and addressed given the impact of this on people with a disability. She wished Mr Bailie well on his forthcoming retirement and thanked him for his commitment to Council as Chief Executive of the Housing Executive.

Mr Bailie welcomed Alderman McClintock’s comments and those of Members in regards to the hard work and commitment of his staff. He acknowledged that providing accommodation did not address the homelessness issue but pointed out that during Covid a lot of emphasis was placed on getting people off the street. Whilst the original plan was to use hotel accommodation with hotel closures during lockdown the Housing Executive was under enormous pressure to find accommodation for homeless people. Whilst realising that ideally there would have been a support package, in some instances this could not be provided. He stated that steps were being taken to address the problem.

Mr Doherty pointed out that a number of meetings had taken place regarding the issue of homelessness. He concurred with Mr Bailie regarding the challenges presented by Covid in terms of finding accommodation. He stated that during the lockdown there was no movement in or out of temporary accommodation and no allocations by Housing Associations or the Housing Executive. He stated that the situation effectively came to a halt, however, homelessness continued with the problems and challenges which this presented. He said it was therefore necessary for the Housing Executive to consider alternative solutions and pointed out that twenty-four properties were removed from general demand in an effort to address this problem. He said he was fully aware that it was not merely a matter of providing accommodation and referred to the need for additional supported accommodation in the City to address the homelessness problem. He continued that against the backdrop of Covid, priorities changed but he continued to work to bring investment to the City which would allow the Housing Executive to provide not only the accommodation but also the support required to address the homelessness problem. He acknowledged the need to find solutions for those people presenting with problems such as mental health and addictions. He said he was working tirelessly to identify a solution to the problem and was currently drafting a pilot project which would influence a business case

10 Page 60 to present to the Department. This would hopefully draw finance into the City to provide accommodation including the support mechanisms required to address the problem. Whilst this was still a work in progress, it was progressing.

Mr Bailie pointed out that every year additional funding was sought in respect of the Supporting People Programme, albeit unsuccessfully. He pointed out that this budget had been capped at £72.8m which was an achievement given the cuts which other budgets had been subjected to. He accepted that pay rates were low but pointed out that this was a matter for employers. He was shocked to learn that some employees who were unable to attend work due to having contacted Covid-19 were receiving Statutory Sick Pay. He also expressed concern that some providers who had complained that their funding was inadequate had been able to put monies aside to create substantial reserves. He acknowledged the importance of the Supporting People Programme and said the Housing Executive would continue to lobby for additional funding for this project.

Mr Bailie referred to discussions which were ongoing with Radius regarding the proposed housing development in Creggan. He was hopeful that this scheme could now proceed which would represent a significant contribution to social housing in the City. In regards to allocations he stated that the number of points required in any specific area was a reflection of the tensions between demand, need and supply. The fact that it was possible to be allocated a property for forty points in one area did not necessarily reflect an inconsistency but merely the availability of social housing and the level of demand.

Mr Doherty acknowledged the importance that housing represented for elected representatives. He stated that the demand for housing in the City was continuing to rise above the supply available which was an ongoing difficulty. He welcomed the Minister’s announcement in terms of forward planning. He pointed out that the Housing Selection Scheme was the system for allocating social housing throughout Northern Ireland. He stated that the demand for housing in specific areas on the Westbank of the City was huge which ultimately increased the points required to secure a property in these area and created significant challenges for Housing Executive staff. He said staff continued to work closely with elected representatives in regards to individual constituent cases and would continue to do so given the high demand which existed. He referred to an apparent unwillingness on the Westbank for people to change their area of choice because of

11 Page 61 past associations to an area where they would be likely to secure an allocation based on their points level. This restricted what the Housing Executive could do in terms of housing allocation and continued to increase the points required for these specific areas. He stated that the Housing Executive had secured its policies and procedures within the City in regards to intimidation and pointed out that the number of cases now coming forward had fallen. However, the problem had not been resolved and the Housing Executive would continue to address this and work with elected representatives in an effort to identify a solution to the problem.

Alderman Devenney concurred with the comments made by Alderman McClintock in regards to the Minister’s announcement regarding Housing Executive borrowing and anticipated that this would go some way towards addressing housing need and housing stress within this Council area. He emphasised the importance of considering the types of dwellings required in planning future building. He commended Housing Executive staff on their hard work and efforts. He acknowledged the issues which existed in regards to the current points system and welcomed the Major Adaptation Plan. He expressed concern that a number of tenants in Stoney Falls in Donemana whose properties were undergoing adaptation works were without washing or cooking facilities for over four weeks. He considered this to be unacceptable and pointed out that similar schemes had been completed in one week.

Councillor McCann commended the Housing Executive on their hard work and commitment both locally and beyond. He referred to the fact that the Northern Ireland Housing Executive was an historic institution and one which was cherished. The inception of the Housing Executive was regarded as a move away from the dominant provision of housing from small time local and often sectarian politics. He acknowledged the problems experienced by the Housing Executive over the years. He welcomed the Minister’s announcement that the Housing Executive would be allowed to borrow to build which was not only relevant to the housing market but might address the current shortage of skilled tradesmen required to build houses. He said this represented a triumph against the privatisation of the Housing Executive and the selling of its stock. He referred to the numerous campaigns which took place to demand the return of borrowing rights to the Housing Executive to continue to build houses. He referred to the financial transaction capital and queried if this was involved in the Minister’s

12 Page 62 scheme. He expressed concern that financial transaction capital could only be accessed by a private entity and not a public entity.

Alderman Warke referred to a serious situation which had arisen in some areas of the City whereby assaults were being carried out by homeless persons who had been accommodated in B&Bs. He referred to the need for this problem to be addressed without delay as this problem was effectively creating “no go” areas in main routes into the City. Local residents were also being intimidated into leaving their homes because of this problem with anti-social behaviour and drugs which must be addressed as a matter of urgency.

Councillor J Boyle concurred with the comments expressed by Councillor Duffy and Alderman Warke in regards to homelessness. He acknowledged the challenges and vulnerabilities of those persons involved and that the Housing Executive were working diligently to find solutions to the problem. He alluded to the fact that the vast majority of homeless people were not engaging in any form of anti-social behaviour. He referred to the need to find the appropriate support services to address the needs and challenges which many homeless people presented and this should be expedited without delay. He appreciated the excellent work being carried out by the Housing Executive amidst the additional challenges presented by Covid.

Councillor M Boyle acknowledged and commended the Strabane Housing Executive team on the work carried out by them during the recent flooding in Strabane. She thanked them for the diligence, care and support they had shown to the residents affected in Ballycolman Estate. She concurred with Councillor’s Gallagher’s comments in regards to the flats at Lisnafin. She also wished Mr Bailie well in his retirement and thanked him for the work he had carried out with the Minister and Sinn Fein in general.

Mr Bailie thanked Members for their comments. He agreed with the comments expressed by Alderman Devenney in regards to the four- week period to carry out adaptation works. He acknowledged the difficulties experienced by the residents concerned and undertook to investigate the details regarding this scheme. He said he understood that the capital could only be accessed by private organisations and was used very effectively in co-ownership which was often the only source of funding. He continued that some reclassification would be required through the Office of National Statistics to enable the Housing

13 Page 63 Executive to borrow, otherwise any borrowing would score against the Northern Ireland block and would not be feasible.

He referred to earlier discussion regarding temporary accommodation. He did not consider that all anti-social behaviour was caused by homeless people. The Housing Executive did recognise that many of the people it gave assistance to did have a range of issues including behavioural issues, mental health and substance dependency/abuse. However, the Housing Executive did have a responsibility to find accommodation for these people. He said the Housing Executive were keen to develop a multi-agency approach and Housing First was a concept which had proved extremely successful in helping those people with more complex needs with well over 70-80% success rate in sustaining tenancies. However, the Housing Executive did require a wrap-around report. He referred to Mr Doherty’s continuous efforts to identify new solutions and new models for this Council area. He reassured Members that the Strabane area had not been overlooked and acknowledged the housing issues which existed in that area.

Mr Doherty welcomed Members comments on issues of such significance which he said he was continuously raising internally. He anticipated that continuous efforts would be made to identify solutions for their tenants in this Council area and in regards to the issue of temporary accommodation for the homeless. He welcomed Members comments in regards to the work carried out by himself and staff in local offices in an effort of identify solutions to the problems which existed.

In response to a query from Councillor Gallagher regarding Lisnafin Flats, Mr Kennedy advised that a refurbishment scheme had been developed which would completely modernise the block of flats at Lisnafin. This would involve an element of reconfiguration together with an assisted technology project through which technology could be used to help the elderly and those with disabilities to lead more independent lives. The scheme would be presented to the Housing Executive’s Board for approval at the end of November. He was currently in the process of preparing this proposal. If Board approval was forthcoming the proposal would be forwarded to the Department for Communities whose approval for the scheme was also required.

The Chairperson thanked the Housing Executive representatives for their presentations and wished Mr Bailie, Chief Executive well in his retirement.

14 Page 64

Subsequently the Committee

Recommended (a) that Council write to the Minister for Communities requesting the end of the practice of Stock Transfer; and

(b) that Council write to the Minister for Finance and the Minister for Communities urging the progression of the Waterside Triangle refurbishment scheme.

Councillor Duffy pointed out that Sinn Fein MLA, Martina Anderson had met with the Housing Minister onsite at the Waterside Triangle in July, in an effort to progress these works. She advised that the Minister was currently preparing a business case for submission to the Minister for Finance. She stated that the Minister was aware of the urgency in regards to this matter and was progressing it accordingly at this time.

Chairperson’s Business

There was no Chairperson’s Business.

GSP160/20 Confirmation of the Open Minutes of the Governance and Strategic Planning Committee held on Tuesday 6 October 2020

The Open Minutes of the Governance and Strategic Planning Committee held on 6 October 2020 (GSP134/20-GSP151/20) were agreed and signed by the Chairperson.

Matters Arising

GSP161/20 Freeports (GSP140/20)

Alderman McCready referred to discussion which had taken place on the above matter at the October Meeting of Committee and expressed concern that a report on the matter had not been presented to this Meeting.

The Chief Executive explained that Minute GSP140/20 indicated that a report on the matter would be presented to a future Meeting of Committee. He stated that Officers were currently working with

15 Page 65 colleagues in the Business and Culture Directorate in Belfast City Council together with other Councils and the Port and Harbour Commissioners in order to bring forward a potential joint proposition. A report updating Members would be submitted to a future Meeting of Committee. He referred to an issue which was discussed at the October Council Meeting that representatives from the Port and Harbour Commissioners be invited to address a future Meeting of Committee on the matter. He advised that the matter was being progressed although this may take some time to bring together as it was not a traditional Free-port type proposal but something which might be more bespoke to the needs of this Council area. It was hoped that an update on the matter would be presented to the December or January Meeting of Committee.

Alderman McCready referred to a consultation which had taken place which stakeholders had replied to. He queried as to the content of Council’s response to the consultation process.

The Chief Executive said he understood The Funding Manager had prepared a submission to the consultation process and undertook to make this available to the said Member.

GSP162/20 Strategic Capital Projects Funding Strategy

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 consider the emerging funding strategy for Council’s strategic capital projects including the redevelopment proposals for Templemore Sports Complex and Leisure Centre provision for Strabane following on from the Council Notice of Motion in May 2020.

Members commended the Lead Finance Officer on his comprehensive report.

Councillor Cooper welcomed the report and the proposals outlined in regards to capital projects particularly given the impact of Covid and the bleak financial position facing Council a few months previously. However, the intervention of central government, the Department of Finance, Department for Communities and others had shielded Council form the severity of those potential financial challenges. This, together with the prudent approach adopted over a number of years in terms of ring-fencing savings, meant Council could plan for the future, even in

16 Page 66 the midst of such a crisis and provide hope and optimism for people in going forward both in terms of local projects and more strategic projects such as the replacement of Templemore Sports Complex and the Riversdale Leisure Centre. Both of these projects were much needed for local communities and were long overdue. He praised the Lead Finance Officer and his team on the approach taken by them and on their achievements in bringing this report forward. He also referred to negotiations regarding City of Derry Airport, the outcome of which he anticipated would enable Council’s financial contribution to the upkeep of the Airport to be reduced significantly. He referred to the successful outcome of the VATs case taken recently pending an appeal by HMRC which he hoped would not transpire. This would provide Council with even more scope around its finances in going forward.

The Chief Executive pointed out that this was an extremely complicated financial process and stated that a number of other organisations had decided to halt their strategic projects until a time when the way forward was more secure. This was not the choice Council had taken and was trying to plan its strategic future whilst managing the ongoing Covid crisis. He said it was a major challenge to pull together the finances required for these projects and Council did need a successful outcome to the ongoing discussions regarding the Airport to provide much needed finances hopefully in the coming year. He referred to the fact that there were other sources of financing including savings but of course Council also had to meet a short term savings target which further compounded the situation. He stated that clearly part of the strategy was rates income and none of this could be fully agreed upon until this year’s rates estimates process had concluded. Council was therefore suggesting an incremental approach to the process and an update report in due course. He stated that when the outcome of the negotiations regarding the Airport became apparent and when Council was in a position to determine the extent of its savings targets and its position in regards to the overall rates process, it was hoped more solid assurances could be given regarding the projects. However, the fact that these were being discussed and not halted and Council was trying to identify a solution was very positive.

Councillor M Boyle felt it was vital that Templemore Sports Complex and the Riversdale Leisure Centre both of which were of equal importance, were progressed simultaneously. She said it was crucial to the new leisure build in respect of Strabane that the Riversdale Project was developed alongside the Templemore Sports Complex in relation to internal and external funding allocations and that the relevant

17 Page 67 Officers within Council were mandated to take both projects forward on that basis. She stated that there was a huge expectation in Strabane in regards to the development of the leisure centre.

The Chief Executive assured that both projects would be developed simultaneously, pointing out that the Strabane project was strategically more important than the Templemore project. He stated that due to its location Council had been able to lever all of the City Deal investment into the site. It had also used Council’s anchor project on the Canal Basin site as the impetus for gathering health and education around this project. He said it was expected that the total sum for investment on this site would be £70m which would include Council’s Leisure Centre. He said this had progressed significantly during the past twelve months and Officers would be proceeding towards the production of outline business cases for all of the projects involved and Council’s leisure projects was pivotal in advancing these works.

Councillor J Boyle agreed that the ambition for both Council’s leisure projects should progress in tandem where possible. He said the report provided an element of focus in terms of the rates estimates process both for this and future years. Whilst acknowledging the many and varied financial challenges currently facing Council going forward he felt it was important to provide a certain degree of perspective which was vital for the citizens of the City and District. He was aware of the ongoing negotiations in regards to the City of Derry Airport and encouraged those involved to continue with the discussions and deliberations and anticipated a reduction in expense to Council. However, it was vital that the level of government support previously outlined was forthcoming to enable these projects to be progressed.

Alderman McClintock referred to the need for Council to maintain its commitment to its strategic projects albeit with the financial complexities involved. However, she felt confident that this was achievable. She expressed concern in regards to the rates investment and the 0.5 increase albeit Council was not committing itself at this stage. She acknowledged the many variables at play which could impact on Council’s financial position.

Councillor Gallagher concurred with the sentiments expressed by Councillor M Boyle in regards to the development of the two leisure centre projects simultaneously. He referred to a Notice of Motion by Sinn Fein which was submitted to the February 2020 Council Meeting regarding Templemore Sports Complex, which had subsequently been

18 Page 68 withdrawn and to the possibility of one of the leisure projects taking precedence. He agreed that the Strabane Leisure Centre was part of a major strategic plan which had the potential to progress Strabane in terms of the strategic business plans for Strabane town centre, the new footbridge and all the projects relating to the Canal Basin and in terms of centralising education and health together with the leisure centre. He stated that the leisure centre was a key element which would activate the other projects. He stated that in terms of strategic planning this would create a massive footfall for Strabane town centre for the future.

The Committee

Recommended (a) that Council endorse the emerging funding strategy for Council’s strategic capital projects including the re- development proposals for Templemore Sports Complex and Leisure Centre provision for Strabane;

(b) that Members note that the funding strategy continues to be developed in parallel with consideration of the wider financial challenges associated with the Covid pandemic; and

(c) that Members note that a further report will be developed for consideration on conclusion of decisions in relation to the 2021/2022 rates estimates process and on further advancement of discussions with government(s) on proposed airport funding models.

GSP163/20 Job Support Scheme

The Head of Human Resources 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 it was planned to implement the Job Support Scheme and seek endorsement of the approach to date.

19 Page 69 The Head of Human Resources pointed out that following completion of the report, further changes to the scheme had been announced by the government including an extension of the Furlough Scheme for a further month. She stated that the current Furlough Scheme had been in place since March 1 and to date 270 employees had been furloughed mainly across leisure services and visitor services. The employees concerned had been furloughed with 100 per cent pay. She said it was proposed that the new Job Support Scheme would come into effect on 1 December and the Department of Finance had confirmed that Council could access the scheme.

Councillor M Boyle welcomed the report. Reference 3.2 of the report in regards to hours worked she said it would be important that when implemented employees were made fully aware of Council’s expectations.

The Head of Human Resources assured that Officers would communicate to employees and to Trade Unions how it was planned to utilise the scheme.

The Chief Executive anticipated that the impact of the scheme on employees would be seamless. He stated that all negotiations in regards to the application of the scheme would be carried out by the Officer team and no burden would be placed on employees. However, all necessary information would be communicated to those employees concerned.

Councillor Reilly said he understood that during the first wave of the pandemic, student nurses received financial support from the Department of Health. However, this had ended and had not been reintroduced even though figures in regards to Covid case numbers had risen dramatically.

The Committee

Recommended (a) that Members note Officer’s plan to implement the Job Support Scheme and endorse the approach to date; and

(b) that Council write to the Department of Health requesting that the payment to student nurses introduced in the first

20 Page 70 wave of the pandemic be reinstated in the current circumstances.

GSP164/20 Overview of Projects and Initiatives to Promote the Languages of Irish and Ulster-Scots

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 provide Members with an overview of projects and initiatives which have been undertaken to promote the languages of Irish and Ulster-Scots in the 2019/2020 period.

Councillor Durkan welcomed the report. She stated that as an Irish language speaker and a lover of languages and someone with a keen interest in indigenous languages generally, she felt it was very important to note that Council was being progressive in meeting its obligations in regards to Irish and Ulster Scots. She also felt it was necessary that more positive reflections of Council’s working languages continued. It was disheartening that many of the discussions around language arose from negativity and were often politicised. She referred to the report by the Committee of Experts from the European Council which set out recommendations which could be further explored. She also referred to the New Decade, New Approach legislation which was to be brought forward during this mandate of the Assembly and she understood that work was ongoing with Irish language organisations. She stated that this was a package of legislation which included Ulster Scots.

She commended the excellent work carried out by Council’s Language Officer on a very limited budget despite which this Council surpassed other Councils in terms of promoting Ulster Scots. She referred to the work carried out by the Irish Language Forum which was an engagement forum for the Irish language community across the City and District. She also felt it would be timely for Council to reconvene the Language Working Group which had not met since the onset of Corona Virus and possibly review the terms of reference of the Working Group.

Councillor Cooper also welcomed the report and acknowledged that as pointed out by an external body Council was meeting if not exceeding its obligations in regards to the promotion of Irish and Ulster Scots. He referred to the extensive work being carried out by the Policy Officer

21 Page 71 (Irish Language) and his Team. Council was exceeding expectations in regards to the promotion of Irish as well as Ulster Scots and this was within the context of the Irish Language Action and the progress made in relation thereto. He also agreed with the suggestion put forward by the previous speaker in regards to reconvening the Languages Working Group given the recent disruption caused by Covid. This could examine how to work on the progress made to date given the work carried out in recent years and the fact that there was now greater political support for progression in regards to the Irish language in particular. He looked forward to further proposals and events being presented in the future virtually or otherwise.

Councillor J Boyle expressed his support for the sentiments expressed by Councillor Durkan. He acknowledged that Council was meeting, if not exceeding its obligations in regards to Irish and Ulster Scots. He also agreed that the Languages Working Group be reconvened in order to work on the progress made to date.

Councillor Donnelly concurred with the proposal put forward by Councillor Durkan in regards to reconvening the Languages Working Group and the review of the terms of reference. He expressed concern that despite the extensive work carried out by the Working Group in regards to signage, a final decision had not yet been agreed on this matter.

The Committee

Recommended (a) that Members note the positive progress made to date in fulfilling Council’s obligations under the European Charter for Regional and Minority Languages as illustrated by the breadth and diversity of projects and initiatives being undertaken to promote Irish and Ulster Scots;

(b) that Members endorse the approach undertaken to date; and

(c) that the Language Working Group be reconvened and the terms of reference of the Working Group be reviewed.

22 Page 72 Open for Information

GSP165/20 Risk Assessment of the Role of a Councillor

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 provide Members with a copy of the reviewed Risk Assessment on the Role of a Councillor.

Members noted the content of the report.

GSP166/20 Update on Strategic Growth Partnership - October 2020

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 of the Committee 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 22 October 2020.

Members noted the content of the report.

GSP167/20 Covid 19 Briefings

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 update Members on all Covid 19 Briefings held from 22 May 2020 to 20 October 2020.

Members noted the content of the report.

GSP168/20 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 a copy of correspondence issued to the Chief Executive from the NILGA Office bearers dated 8 October 2020 and the NILGA weekly bulletins issued in October 2020.

Members noted the content of the report.

GSP169/20 Press Office – Media Evaluation Report for September

23 Page 73 The Media and PR Officer presented the above report, a copy of which had previously been circulated. She advised that the purpose of the report was to provide Members of the Committee with a copy of the Council’s Corporate Communications Press Office media evaluation report for the month of September.

Councillor J Boyle, on behalf of the SDLP, expressed his appreciation for the work carried out by Council’s Public Relations section who on numerous occasions had gone beyond the call of duty for both Officers and elected representatives. He said they were extremely effective in carrying out their duties in a very challenging environment. He referred to their output in regards to the level of enquiries received by them, which he said was first class. He said the level of support provided by this Section to Officers, elected representatives, the Mayor and Deputy Mayor was outstanding. He referred to the fact that during Covid they had delivered messages on behalf of central government to businesses across the City and District. He said the Mayor had indicated that some government Departments had been very forthcoming in their praise for the team.

The Chairperson concurred with Councillor J Boyle’s comments.

GSP170/20 Northern Ireland Housing Council Update

The Lead Democratic Services and Improvement Officer presented he above report, a copy of which had previously been circulated. She advised that the purpose of the report was to provide Members with the most recent Housing Bulletin.

Members noted the content of the report.

GSP171/20 NI Charter for Elected Member Development

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 Council’s successful review of progress against the NI Charter Plus for Elected Member Development and maintenance of Charter status.

Members noted the successful review against the NI Charter Plus for Elected Member Development.

24 Page 74 The Chairperson commended the Democratic Services Officer and her team on retaining the NI Charter Plus and providing and sourcing new training courses requested by Members.

Councillor Boyle concurred with the Chairpersons remarks in regards to this matter.

25 Page 75 This page is intentionally left blank Agenda Item 8b

Derry City and Strabane District Council

Open Minutes of the Planning Committee Meeting held remotely on Wednesday 4 November 2020 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, Mr P McCaughey, Mrs A McNee), Senior Planning Officers, (Mr J Spottiswood, Mr M McCarron Ms S Barrett), Business Services Officer (Mrs L McKean), Committee Services Assistant (Mrs J Short). ______

P145/20 Notice and Summons for Meeting

The Head of Planning read the Notice and Summons for the meeting.

P146/20 Member Attendance and Apologies

The Head of Planning took the roll call and no apologies were received.

P147/20 Statement for Remote Meetings

The Chair read the Statement for Remote Meetings.

P148/20 Declarations of Members’ Interests

Councillor Mellon declared an interest in Planning Application noted at Item No. 8 on the agenda: LA11/2020/0219/F

Councillor Gallagher declared an interest in Agenda Item No. 12: TPO Update.

1 Page 77 Open for Decision

Chairpersons Business

P149/20 Agenda Item No. 15: Re-Advertisement of Fermanagh & Omagh District Council Local Development Draft Plan Strategy – Proposed Changes Consultation

The Chair advised Members that the above item would be removed from Confidential Business and discussed in Open Business later in the meeting.

P150/20 Planning Application LA11/2020/0451/O

The Chair advised that a request had been received to defer the above application for decision due to the current Covid-19 pandemic.

P151/20 Late Items Received

The Head of Planning reported that late information had been received in respect to Planning Application LA11/2020/0295/O and was circulated to Members previously.

The Chair reminded Members that they would be given the opportunity to review the late information prior to the presentation of the application later in the meeting.

Matters arising from the Open Minutes of Planning Committee Meeting held remotely on Wednesday 7 October 2020

P152/20 Minute Ref: P124/20 – Scheme of Delegation

The Head of Planning in response to a query raised by Councillor Harkin agreed to provide all Members with a summary of the informal meeting that took place as agreed by the Planning Committee previously in order to discuss procedural issues in relation to applications categorised under the Scheme of Delegation and in particular those applications for Ammonia Emissions and House of Multiple Occupancy (HMO’s).

P153/20 Minute Ref: P129/20 Planning Application LA/2019/0318/F

Councillor Harkin requested that it be noted that Committee Members had received correspondence in relation to the above planning application and there was a risk that it may raise concern for Council in the future.

2 Page 78

Matters arising from the Open Minutes of the reconvened Planning Committee Meeting held remotely on Thursday 8 October 2020

P154/20 Restriction on Site Visits by Members

The Chair advised Members that a restriction on Members attending site visits would be continued due to the current Covid-19 Pandemic and the issue would be kept under review in going forward.

P155/20 Planning Applications List with Recommendation for Decision

The Planning Case Officers presented the following planning applications for decision:

LA11/2018/0526/F – Retention of change of use to children’s recreational activity space and café area on new mezzanine from a furniture warehouse. Unit 2 Elagh Business Park, Derry

The Senior Planning Officer (SPO) presented the above application, details of which was previously circulated to Members. An outline of the application was provided and based on material consideration in line with planning policy it was recommended to refuse planning permission for reasons as outlined within the report.

Members accepted speaking rights from Mr Liam Nelis, Agent who outlined reasons to support approval of the application. After which Members were given the opportunity to seek points of clarification from the Agent and SPO if they so wished.

Discussion ensued after which Councillor Mellon proposed not to accept the SPO’s recommendation and for approval to be granted on the grounds that the recreational facility was essential for children based in the City and that the site should not be left empty Councillor McKinney seconded the proposal. Councillor Boyle supported the proposal.

The outcome of the vote was unanimous support of the proposal to approve planning permission with the exception of Councillor’s Gallagher and Harkin who both abstained from supporting the proposal.

3 Page 79

The Committee

Resolved to overturn the SPO’s recommendation to refuse planning application LA11/2018/0526/F and for planning approval to be granted subject to standard conditions.

LA11/2020/0345/O – Infill site for two storey detached dwelling and garage. Infill site 70m north of 12 Tullanee Road, Eglinton

The Principal Planning Officer (PPO) presented the above application, details of which were previously circulated to Members. An overview of the application proposal was provided and following material consideration in line with planning policy it was recommended to refuse planning permission for reasons as outlined within the report.

Members accepted speaking rights from Mr Gerard McPeake, Agent who addressed Committee and outlined reasons to approve the application, after which they were given the opportunity to seek points of clarification from the speaker and the PPO if they so wished.

Alderman McClintock commented that she failed to see how the development was deemed inappropriate. She referred to the fact that it was located on a dead-end road and queried why this did not add weight to an approval being granted.

The PPO advised that the dead-end road would add no weight to the proposal. The policy refers to the development of a a small gap, and the site was only part of an existing gaps that currently formed a visual break, despite other buildings along the road, and therefore was contrary to Strategic Planning Policy Statement and Policies CTY 8 and CTY 14 of Planning Policy Statement 21 in that a gap would create a visual break despite other buildings on site.

Councillor McGuire expressed the viewpoint that it was entirely about the interpretation of policy. He referred to the statement ‘rural character’ and the fact that some farms were located along the

4 Page 80 roadside and others where further back; in his opinion the proposed development would not result in a suburban style build-up.

Councillor McGuire proposed, seconded by Alderman Kerrigan to overturn the PPO’s recommendation to refuse planning permission and for approval to be granted subject to standard conditions.

The outcome of the vote was; For 9, Against 0, Abstention 5. The proposal was carried.

The Committee

Resolved to overturn the PPO’s recommendation to refuse planning application LA11/2020/0345/O and for approval to be granted subject to standard conditions.

LA11/2020/0295/O – Erection of a dwelling and garage on a farm. Approximately 120m south west of 18 Ligford Road, Strabane

Members were given the opportunity to review the late information received in relation to the above application prior to the Senior Planning Officer’s presentation.

The Senior Planning Officer presented the above application details of which had been previously circulated to Members. An overview of the background to the application was provided and following material consideration in line with planning policy it was recommended to refuse planning permission for reasons as outlined within the report.

Members accepted speaking rights from Ms Oonagh Given, Agent who outlined reasons to approve the application, after which they were given the opportunity to seek points of clarification if they so wished.

Members had no questions for the Agent.

The Chair invited Members to seek points of clarification from the SPO if they so wished.

5 Page 81

Councillor Kelly referred to the recommendation as outlined within the report and specifically to the fact that it was considered that the proposal was contrary to Policy CTY10 in that the application was not visually linked and in that regard it would have been useful for a site visit. He expressed the opinion that in terms of localised views there was visual linkage because the proposed site and farm cluster could be viewed at the same time and therefore the application met policy CTY10.

Councillor Kelly further commented that in terms of the Area Plan this permitted a different interpretation of policy because of the context of the rural aspect. He added that this was a family run farm and weight should be given towards the social economic aspect of the proposal and the impact of rural depopulation. He added that he was not persuaded that there was a case that visual linkage cannot be achieved particularly given the backdrop of the forestry and therefore this proposal was not going to create a major impact in the area.

Councillor Kelly proposed to overturn the SPO’s recommendation to refuse planning permission and for approval to be granted subject to standard conditions. Councillor McGuire seconded the proposal.

The outcome of the vote was; For 11, Against 2, Abstention 1. The proposal was carried.

The Committee

Resolved to overturn the Senior Planning Officer’s recommendation to refuse planning application LA11/2020/0295/O and for approval to be granted subject to standard conditions.

6 Page 82 LA11/2018/1038/O – Proposed site for one detached dwelling and garage. Rear of 12 & 13 The Beeches & Rear of 14 Ballyfatten Park, Sion Mills, Co. Tyrone

The Senior Planning Officer presented the above application, details of which had been previously circulated to Members. An overview of the background to the application was provided and following material consideration in line with planning policy it was recommended to approve planning permission, subject to the conditions as outlined within the report.

The Chair invited Members to seek points of clarification from the SPO if they so wished.

Councillor Boyle proposed, seconded by Alderman Bresland to accept the recommendation to approve planning permission, subject to conditions as outlined within the report.

The Members unanimously supported the proposal.

The Committee

Resolved to support the recommendation to approve planning application LA11/2018/1038/O, subject to conditions as outlined within the report.

LA11/2019/0716/F – Proposed pontoon and upgrading of existing car park and installation of external platform cast. Prehen Boat House, Victoria Road, Derry

The Senior Planning Officer presented the above application, details of which had been previously circulated to Members. An overview of the background to the application was provided and further to material consideration in line with planning policy it was recommended to approve planning permission, subject to the conditions as outlined within the report.

Councillor Mooney proposed, seconded by Councillor Mellon to accept the recommendation to approve planning permission, subject to the conditions as outlined within the report.

7 Page 83 Members welcomed the application and expressed unanimous support of the proposal.

The Committee

Resolved to accept the SPO’s recommendation to approve planning application LA11/2019/0716/F subject to the conditions as outlined within the report.

LA11/2018/0372/RM – Local distributor road (in accordance with requirements of approval A/2005/0217/O at H1B Lands – Phase 1 East South of Beraghill Road and north of Skeoge Link Road, Galliagh, Derry

The Principal Planning Officer presented the above application, details of which had been previously circulated to Members. An overview of the background to the application was provided and following material consideration in line with planning policy it was recommended to approve planning permission, subject to the conditions as outlined within the report.

Councillor Dobbins proposed, seconded by Councillor J Boyle to accept the PPO’s recommendation to approve planning permission, subject to conditions as outlined within the report.

The Committee

Resolved to support the recommendation to approve planning application LA11/2018/0372/RM, subject to conditions as outlined within the report.

8 Page 84 LA11/2020/0219/F – Proposed four storey extension to the northern side of the existing cleanroom facility, to provide new sub-fab. Cleanroom, recirc fan and plant room floor levels

Councillor Mellon declared an interest in the above application and left the meeting.

The Senior Planning Officer presented the above application, details of which had been previously circulated to Members. An overview of the background to the application was provided and in line with planning policy it was recommended to approve planning permission, subject to the conditions as outlined within the report.

The SPO in response to Councillor Dobbin’s concern regarding air pollution advised that the Environmental Health Department had provided a number of conditions and she referred specifically to a condition that requested the applicant to carry out additional Air Dispersal Modelling to assess the overall cumulative impact of emissions on residential properties. She also clarified that conditions were also required in respect to noise and noise assessments would be carried out post completion of the development.

Councillor McGuire proposed, seconded by Councillor J Boyle to accept the recommendation to approve the application.

The Members unanimously supported the proposal.

The Committee

Resolved to support the recommendation to approve planning application LA11/2020/0219/F, subject to the conditions as outlined within the report.

Councillor Mellon returned to the meeting.

9 Page 85 LA11/2020/0451/O – Site for proposed infill dwelling in line with Policy CTY8 – Ribbon Development of PPS21 Sustainable development in Countryside

Members noted that the above application was deferred.

P156/20 Donegal County Council Local Development Plan

The Principal Planning Officer presented the above report, a copy of which was previously circulated to Members. The purpose of the report was to advise Members of a consultation received from Donegal County Council regarding the Strategic Environmental Assessment (SEA) Screening Report, the Appropriate Assessment (AA) Screening Report and on the Proposed Variation No. 1 to the County Donegal Development Plan 2018-2024.

Councillor Boyle proposed, seconded by Councillor Gallagher to support the recommendation as outlined within the above report.

The Committee

Recommended that Council note the contents of the report and agree for Officers to issue the attached letter to Donegal County Council, before close of consultation at the end of 4 November 2020. P157/20 Amendment to Planning Committee Minutes

The Head of Planning Performance and Improvement presented the above report, details of which had been previously circulated to Members. The purpose of the report was to seek a recommendation from the Committee to correct an inaccuracy in the Minutes of a previous Planning Committee Meeting.

Councillor Kelly proposed, seconded by Councillor J Boyle that the recommendation as outlined within the above report be agreed.

10 Page 86 The Committee

Recommended that Council agree the recommendation to amend an inaccuracy in the Minutes of the Planning Committee held on 3 July 2019 (Minute Ref: P83/19)

P158/20 Re-advertisement of Fermanagh and Omagh District Council Local Development Draft Plan Strategy – Proposed Changes Consultation

The Principal Planning Officer presented the above report a copy of which was previously circulated to Members. The purpose of the report was to advise Members of the re-running and re-advertisement of the Fermanagh and Omagh District Council Local Development Plan Draft Plan Strategy – Proposed Changes Consultation. Members considered the previous consultation with a paper to the Planning Committee in September 2020.

The PPO referred to the recommendations as outlined within the report. He advised that a meeting of the 4 council representatives had taken place the previous day and therefore it was agreed that a further meeting of the Sperrin’s Forum was unnecessary at this stage.

Councillor Kelly proposed, seconded by Councillor Gallagher to accept the recommendation as outlined within the report.

The Committee

Recommended that Council i) note the contents of the above report and familiarise themselves with the ongoing re- consultation accessible via the link as noted ii) agree draft response to be issued to Fermanagh and Omagh District Council LDP team prior to the 3 December 2020 consultation deadline.

11 Page 87 Open for Information

P159/20 Planning Appeals Update

The Principal Planning Officer provided the above report, a copy of which was previously circulated to Members. The purpose of the report was to appraise Members on planning appeals currently in the system.

Members noted the contents of the above report.

P160/20 Update on Tress Preservation Orders for March-October 2020

The Senior Planning Officer presented the above report, details of which was previously circulated to Members. The purpose of the report was to advise Members on Tree Preservation Order (TPO’s) activity since the start of the COVID 19 restrictions in March 2020. From that time, the serving and confirming of TPO’s has been operating under the Amended Delegated Scheme.

The SPO in response to Councillor Dobbins, assured Members that there was protection with trees located at the City side and a TPO was currently under consideration in that locality.

The Head of Planning reassured Members that this particular update was only in relation to recent TPO requests/queries. She added that there was an abundance of TPO’s previously located throughout the City and District area and the TPO register was currently being updated.

Members noted the contents of the above report.

P161/20 List of Decisions Issued – October 2020

Members noted the List of Decisions issued during the month of October 2020 for information.

The Meeting went into confidential business.

12 Page 88 Agenda Item 8c

Derry City and Strabane District Council

Open Minutes of Business and Culture Committee Meeting held remotely on Tuesday 10 November 2020 at 4.00pm.

______

Present: Councillor Farrell (Chairperson); Alderman Guy, Ramsey and Warke; Councillors J Barr, R Barr, M Boyle, Cooper, Cusack, Durkan, Ferguson, Logue and Mellon.

Non-Committee Members: Alderman Hussey; Councillor’s Donnelly and McCann.

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 (Mrs J Short).

BC151/20 Notice and Summons of Meeting

The Director of Business and Culture read the Notice and Summons for the meeting.

BC152/20 Member Attendance and Apologies

The Director of Business and Culture took the role call and full attendance was noted.

BC153/20 Statement for Remote Meetings

The Chair read the Statement for Remote Meetings.

BC154/20 Declarations of Members’ Interests

There were no declarations of interest from Members.

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Open for Decision

Chairperson’s Business

BC155/20 Proposed Meeting with Invest NI and the Department for the Economy

The Chair referred to a previous Committee Meeting when it was agreed that Senior Officials from the Department of Economy together with Invest NI be invited to meet with Committee to address the wider economic issues at sub-regional level. He proposed that Officials be invited to present at the Committee Meeting scheduled to take place in January 2021. Councillor Cooper seconded the proposal.

Councillor Cooper referred to a recent discussion he and party colleagues had with Officials from Invest NI in respect to the lack of progress from a sub-regional perspective. He said that he was disappointed with the outcome of the discussion and that further discussions would be pursued. He encouraged all parties to maintain pressure on Government Departments to address the reason of major gaps that resulted in the lack of inward investment opportunities for the region which was fundamental in the creation of employment for the DCSDC area.

The consensus from Members was in support of the proposal and the Committee;

Recommended that Senior Officials from Department for the Economy and Invest NI be invited to present to Committee at meeting in January 2021.

BC156/20 Localised Restrictions Support Scheme due to Covid-19 Pandemic

The Chair referred to the introduction of the Localised Restrictions Business Support Scheme for the hospitality sector that was forced to close from 5 October 2020 and for close contact services from 16 October 2020. He expressed concern that some businesses had not yet received the payment. He said that Government had to ensure that

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effective systems were in place in order to ensure that payments were released to businesses within the expected timeframe. He asked for the Head of Business to provide an update on the current situation.

The Head of Business advised that currently the Business Team acted as a broker between businesses and the Department of Finance in terms of seeking information and providing advice and support. He said that following the launch of the scheme on 26 October 2020 the Department of Finance advised businesses of a 3-week waiting time before any money would be released, due to the sheer volume of applications to be processed. He said that the Department was working hard to process the applications as quickly as possible whilst trying to ensure no fraudulent activity. He assured Members that the Business Team would continue to communicate with the Department of Finance and update businesses accordingly.

The Chair proposed that Council writes to the Department of Finance to request that additional resources be made available in order to expediate the process so that businesses received payments on a timely manner. Councillor Durkan seconded the proposal.

The Committee

Recommended that Council writes to the Department of Finance to request additional resources be made available in order to process the applications for the Localised Restrictions Support Scheme more expediently, so that eligible businesses received the payment on a timely manner.

Councillor Durkan thanked the Head of Business and the Business Support Team for the work achieved to date. She referred to non-food independent retailers that were falling through the cracks in terms of receiving financial support due to the localised restrictions. She proposed that representation be made to the Department for Economy in that regard. Councillor Ferguson seconded the proposal.

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The Committee

Recommended that Council makes representation to the Department for Economy to address the need for a funding package to be made available for non-food independent retailers due to localised restrictions as a result of Covid-19 pandemic.

Councillor M Boyle paid tribute to the Head of Business and the Business Support Team for the work carried out in terms of assisting businesses during the current pandemic crisis. She said that the frustration expressed by businesses was primarily due to similar businesses in other Council areas having received payment from the support scheme, despite the fact that this Council area was forced into lockdown two weeks previous.

The Head of Business in response to Alderman Guy’s query agreed to provide him with the information regarding the number of businesses that applied for the first round of funding support.

Alderman Ramsey thanked the Head of Business and the Team for the work carried out to date. He said that business proprietors were highly frustrated this week due to the uncertainty over the Governments deliberations to lift restrictions. He referred to when the Pandemic first started and frontline and retail workers continued to work despite the health risk. He said that people should be allowed to return to work especially when employers had spent a lot of money to ensure that the correct precautionary measures to mitigate the spread of the virus were in place to safeguard employees and the public.

Alderman Ramsey proposed, seconded by Alderman Warke that Council writes to the Executive to express support of the reopening of the hospitality sector and other businesses so to avoid the risk of complete closure.

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Councillor Gallagher also paid tribute to the Head of Business and the Business Support Team for the work carried out. He referred to Alderman Ramsey’s previous comments and said that he would not support any proposal to urge Government to lift the restrictions without the scientific or medical evidence to substantiate such a decision.

Councillor Cooper referred to Alderman Ramsey’s previous comments in terms of risk and expressed concern that to ignore the medical advice to extend localised restrictions was in his opinion a major risk to the public and it was inevitable that deaths would result. He stated that on behalf of his party they would not support the proposal because their primary concern was to support restrictions in order to reduce the spread of the virus and that Alderman Ramsey’s proposal was somewhat counterintuitive in that regard.

Councillor Cusack on behalf of her party expressed the view that they would not support Alderman Ramsey’s proposal and would support the medical advice to extend the lockdown for a further two-week period.

Alderman Guy expressed the opinion that he would not support Alderman Ramsey’s proposal. He said that it was the responsibility of the Executive to decide on whether to lift restrictions based on medical advice.

Further discussion ensued after which the Chair stated that the general consensus from Members was not to support Alderman Ramsey’s proposal.

Alderman Ramsey agreed to withdraw his proposal. He however reiterated that he intended to make no apology for his proposal to support the reopening of the hospitality sector. He stated that his argument was in total defence of the protection of local businesses and to minimise the risk of unemployment. He agreed that whilst there would be health risks associated with the reopening of businesses, there was a higher risk of mental health issues due to job losses.

BC157/20 Funding support for Arts, Culture and Heritage Sector due to Covid-19 Pandemic

The Chair referred to the recent announcement of Government support towards the Arts, Culture and Heritage sector due to the Covid-19 Pandemic. He said that he hoped everything was being done by

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Council to communicate to the groups the recent announcement of funding support from the Department for Communities. He asked the Head of Culture to brief Members on the recent funding packages as follows:

Department for Communities have outlined the following support funds via the following organisations.

 £2m for Community, Arts, Culture and Heritage Fund via Community Foundation NI – Culture, Language, Arts and Heritage Support Programme opened 2 November 2020 with grants between £2,000 to £20,000.

 £7.5m for Stability and Renewal Programme for Organisations via Arts Council NI, opened 28 October 2020 closing 12 Noon 27 November. Grants of up to £500,000 available to organisations working in the arts and cultural sector.

 £5.5m Heritage Recovery Fund NI via National Lottery Heritage Fund opened on 2 November, closing 12 noon on 27 November 2020. Grants of £3,000 to £250,000 for organisations across the heritage sector to ensure reopening by 31 March 2021.

The Head of Culture reported that in addition to these funds £2.5m will be shared among the Irish Language, Ulster Scots and Sign Language sectors and £3m for individual arts via ACNI.

The Head of Culture confirmed that the Arts and Cultural groups listed on the Council’s extensive database had already been contacted directly. She also advised that social media was another mechanism used to promote the funding schemes and hoped that as a result of the extensive communication there would be a positive uptake from the relevant groups.

BC158/20 Newly Elected President of America

The Chair referred to the recent election of US President Elect Joe Biden and Vice President Elect Kamala Harris and proposed that Council write to congratulate them on their election to the White House and to invite them to this Council area if they visit the island of Ireland. Councillor Cusack seconded the proposal.

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Councillor McCann (non-committee Member) expressed the opinion that he would not be supportive of the proposal.

The outcome of the vote; For 11, Against 0, Abstention 2. The proposal was carried.

The Committee

Recommended that Council writes to congratulate the US President Elect Joe Biden and Vice President Elect Kamala Harris on their recent election to the White House and to invite them to this Council area if they visit the island of Ireland.

BC159/20 Matters Arising from the Open Minutes of the Business and Culture Committee Meeting held on Tuesday 13 October 2020

There were no matters arising from the above minutes.

BC160/20 Annual Service Plan 2020/21 – Business and Culture Directorate

The Director of Business and Culture presented the above report, a copy of which was previously circulated to Members. The purpose of the report was to seek Members’ approval to adopt the Service Plan for 2020/21 for the Business and Culture Directorate.

Councillor Cooper welcomed the report. He expressed appreciation to the Business and Culture Directorate for the work carried out during the current Pandemic crisis. He referred to the recent meeting with relevant Government Departments and Universities and said that it was important that progress be achieved in moving forward with skills development opportunities. He welcomed the Ebrington proposals and stated that they were a key asset for the tourism sector. He referred to his previous comments regarding the lack of progress from Invest NI and urged all parties to retain a united voice in order to ensure delivery of projects from a sub-regional level throughout the City and District Council area.

The Chair expressed his gratitude to the Director of Business and Culture and his Officer team on the work achieved to date despite the challenging environment due to the current Coronavirus Pandemic. He

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added that he looked forward in anticipation to the return of a vibrant City and District in the future.

BC161/20 Covid Recovery & Revitalisation Plan: Business Start Up Grants

The Head of Business presented the above report, details of which were previously circulated to Members. The purpose of the report was to seek Members’ approval to develop/deliver a Covid Recovery Start Up Grant Programme to support new business starts in the Derry City and Strabane District Council area.

The Committee

Recommended that Council approve the proposal to develop/deliver a Covid Recovery Start Up Grant Programme to support new business starts.

BC162/20 PEACE IV Statistical Support Services

The Head of Business presented the above report, details of which were previously circulated to Members. The purpose of the report was to inform Members of the essential statistical support services required for the successful delivery of the PEACE IV Programme and to seek approval for provision of that service via NISRA (NI Statistical Research Agency).

The Committee

Recommended that Council approve the appointment of NISRA (via ‘The Hub’) to provide the statistical support services required by the PEACE IV Programme.

BC163/20 Cultural Grant Aid Programme 2021/22

The Head of Culture presented the above report, details of which were previously circulated to Members. The purpose of the report was to secure Member approval for the full retention of the budgets allocated to the Cultural Organisation Funding Programme, Access Improvement Programme, Heritage Animation Programme, Headline Event Funding

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Programme, Community Festival Funding Programme and Artist Award Programme for 2021/22.

Councillor Mellon welcomed the report and recommendations as outlined.

Alderman Hussey (non-committee Member) referred to the availability of grant aid assistant towards heritage organisations that may wish to commemorate the Centenary of Northern Ireland in 2021.

The Chair in response to Alderman Hussey clarified that the issue was discussed at length by Members at the previous Council meeting and the proposal agreed was for Council not to participate in any events that commemorated or celebrated this injustice.

Councillor Cusack welcomed the report. She expressed disappointment that the Department for Communities made no contribution towards the Community Festivals programme 2020/21 and there was also no guarantee of a contribution for 2021/22.

The Head of Culture in response to Councillor Cusack confirmed that Council would continue to pursue the Department for Communities in terms of funding allocation for 2020/21 and 2021/22.

The Committee

Recommended that Council i) approve the retention, in full, of the cultural grant aid budgets as detailed within the report, subject to the confirmation of budgets for next year’s rates process; ii) approve the permanent adjustment to the financial verification process and the adoption of a 3-year award cycle for Cultural Organisations; iii) approve the adjustment and relaunch of the Access Programme enabling all cultural organisations in DCSDC to apply for support up to a maximum of £30,000; iv) approve the permanent increase in the proposed award allocation of

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£16,000 outlined in the report for the Artist and Practitioner Fund; v) approve the continuation of Covid adjustments to the Community Festival and Headline Events; vi) approve the adjustment to the Headline Events fund for one year to reduce the economic weighting to 25% and minimum spend to £30,000.

BC164/20 Access Programme for Cultural Venues 20/21 In Year Call Results

The Head of Culture presented the above report, details of which had been previously circulated to Members. The purpose of the report was to secure Member approval for the allocation of funding for the in-year Access Programme for Cultural Organisations 2020/21.

The Committee

Recommended that Council approve the awards to Venue A of £19,631 and Venue B of £20,000 as outlined within the report. Open for Information

BC165/20 Post Covid-19 Recovery – Update on Labour Market Interventions

The Head of Business presented the above report, details of which were previously circulated to Members. The purpose of the report was to update Members on the labour market interventions progressed with stakeholders to help mitigate the impacts of the Covid-19 pandemic on the labour market.

Members noted the contents of the above report.

BC166/20 Business Innovation and Growth Programme

The Head of Business presented the above report, details of which were previously circulated to Members. The purpose of the report was to provide Members with a progress update on the Business Innovation and Growth Programme (BIG).

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Members noted the contents of the above report.

The meeting went into confidential business.

Page 99 This page is intentionally left blank Agenda Item 8d

Derry City and Strabane District Council

Open Minutes of the Environment and Regeneration Committee held in the Council Chamber, Guildhall on Wednesday 11 November 2020 at 4.00 pm

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Present:- Alderman Devenney (in the Chair), Aldermen Hussey, McCready, McKane and Ramsey; Councillors Boyle, Burke, Carr, Dobbins, Durkan, Edwards, Fleming, Jackson, McCann and McHugh.

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).

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ER204/20 Notice and Summons of Meeting

The Director of Environment and Regeneration read the Notice and Summons for the Meeting.

ER205/20 Member Attendance and Apologies

The Director of Environment and Regeneration took the roll call and no apologies were recorded.

ER206/20 Statement of Remote Meeting

The Director of Environment and Regeneration read the Statement for a Remote Meeting.

ER207/20 Declaration of Members’ Interests

A Declaration of Interest was declared by:

Councillor Edwards – Item 31 – Strabane North Greenways Lands – Mr Fahy.

ER208/20 Condolences

1 Page 101

Members from all Parties expressed their deepest sympathy to the Chairperson on the recent death of his Mother and said their thoughts and prayers were with him and his family at this time of sad loss.

The Chairperson thanked Members for their expressions of condolence.

Open for Decision

ER209/20 Deputation - To receive Dr S Blockwell, Head of Investment Management and Mr C Nicell, Head of Business Analytics, NI Water to deliver a Presentation on NI Water Infrastructure Plans and Funding

The Committee received Dr S Blockwell, Head of Investment Management and Mr C Nicell, Head of Business Analytics, NI Water to deliver a presentation on NI Water Infrastructure Plans and Funding, a copy of which had previously been circulated.

Members thanked Dr Blockwell and Mr Nicell for their comprehensive presentation which addressed many issues of significance for this Council area.

Councillor Jackson referred to general assumptions regarding the accessibility and quality of our drinking water but referred to increased warnings that this resource was under considerable pressure. He referred to a meeting which had taken place between Sinn Fein MLA Martina Anderson and NI Water’s Chief Executive regarding the challenges arising from the under investment in NI Water. He said his Party had made a call for proper investment into NI Water and referred to in-Party discussions which had taken place regarding the ambitious plans for the City and District. He referred to the announcement the previous week by the Minister for Communities regarding ambitious plans for NIHE and her statement that there would be a ring-fenced allocation of funding to deliver the much needed social housing in Derry and North and West Belfast. He stated that this was a firm commitment to address housing need. He referred to the Housing Executive’s plans to build three thousand new social housing dwellings within the next five years. He reiterated the Minister’s efforts to address the housing problem in the City however, it was a matter of serious concern to learn that the relevant infrastructure might not be in place to facilitate this programme of new build by NIHE. He acknowledged that the final recommendation was still awaited in

2 Page 102 regards to PC21 and questioned that, if successful, this would have an impact on the delivery of housing within the Derry and Strabane Council area. He welcomed NI Water’s contribution to Council’s LDP and acknowledged the content of the response to the recent planned strategy. He referred to the fact that Council’s LDP was based on a twelve year timeframe and expressed concern that a similar period of time would be required to bring the relevant waste water treatment infrastructure up to the required standard. He queried the potential for Council’s ambitions as set out in its LDP being curtailed until the necessary investment in the works water treatment was forthcoming.

Councillor Jackson referred to the issue of Brexit which had not been addressed in the presentation. He said it was understood that many of the chemicals used to ensure the provision of safe drinking water were purchased from Europe. He enquired if there was security of supply post Brexit, and, if so, if this would involve any additional costs.

Alderman Ramsey referred to the major issues addressed in the presentation which NI Water had previously raised in terms of going forward. He pointed out that PC21 required considerable funding and as such Alderman Ramsey Proposed

That Council write to the Department for Infrastructure supporting calls for NI Water for much needed investment to allow for the future development of housing in this Council area.

He stated that one of the main local issues for elected representatives was development and said he dealt directly with a number of developers in this regard. However, the situation was now arising whereby the stage for pre-development enquiries had passed as Council had areas with capacity in respect of which planning approval was already in place. He said it was a major frustration for developers given that they had committed to the sites and the proposed developments. He referred to the suggested 74% increase which was required for one hundred areas which was a shocking realisation, particularly, given the major housing need in this area.

Alderman Ramsey referred to the green areas outlined in PC15 which were currently acceptable but expressed concern that these would progress to amber in the near future. In regards to the pre- development enquiry he enquired if NI Water would consider phases where there were potential capacity issues.

3 Page 103

Councillor Edwards suggested that as outlined in the presentation this was a matter for the Executive as it was for them to make a decision in regards to funding being made available to NI Water. He sought information in regards to current developers both in respect of housing and other types of development whose plans were being delayed or withdrawn because of the current lack of investment into NI Water. In regards to slide 6 of the presentation, he referred to the considerable number of amber and red dots particularly in regards to the Strabane and wider Derg area. He enquired as to the future plans in regards to these areas given these dismal projections.

Dr Blockwell acknowledged the potential impact on housing development in this area arising from the continued under-investment in NI Water and the twelve year time-frame for the LDP, which was a major concern. He pointed out that a significant amount of the investment received by NI Water in terms of upgrading the treatment works would be received during the latter part of PC21 which would mean that the bulk of these works would likely be carried out in the final two/three years of the programme. He stated, however, that if greater certainty was forthcoming in regards to funding in the medium to longer term being guaranteed, this would help NI Water to plan and advance projects more efficiently and deliver more at a lesser cost. However, this certainty over central price control was necessary. He felt that a number of development plans across Northern Ireland would be curtailed including plans for the Derry City and Strabane District Council area. He stated that NI Water were trying to work with developers in terms of phasing works and were currently working with DfI Roads in regards to the A2 Buncrana Road Scheme in respect of upgrading the water system and reinforcing and building new stations on the waste water site to service this scheme.

Mr Nicell referred to concerns regarding the secure delivery of chemicals from Europe post Brexit and pointed out that following the Brexit agreement a Senior Manager within NI Waters Operations Team was tasked with the role of trying to assess the impact of Brexit. He confirmed that the chemicals used by NI Water were produced around the world and in some instances products were pre-purchased in order to minimise risk. However, in other cases NI Water had examined security of supply and at this stage this was not considered to be a high risk activity for the organisation. He also pointed out that there were other different treatment types which, if required, would be considered. He reiterated, however, that at this stage the risk to the organisation

4 Page 104 would be relatively low. The situation would continue to be closely monitored and NI Water would endeavour to minimise risks as far as possible.

Dr Blockwell welcomed the proposal to write to the Executive in support of funding for NI Water. He agreed that the Pre-Development Inquiry may be too late for many developers. He pointed out that if planning approval had been granted in respect of proposed developments these would be included in the planning system and these needs would be serviced. He stated that NI Water was working closely with developers in regards to proposed developments and if contacted by developers prior to submitting planning applications it would be possible to work with them in regards to achieving the best outcome. He supported the use of PDs which were a very important tool for developers and NI Water. He reiterated that NI Water would deliver its current programme of works, albeit, a number of upgrades would only be achieved towards the end of PC21. Many treatment works and sewerage systems would not be upgraded until price controls allowed possibly during PC27 or PC33 depending on the level of future investment into NI Water.

Dr Blockwell said NI Water was endeavouring to carry out as much works as possible whilst continuing to invest efficiently. It was for this reason that NI Water had produced an evidence based plan limited to £2 billion as it would not be possible to invest additional monies within this period. He said it was important to achieve value for money. He pointed out that as a regulated company NI Water’s business plans were scrutinised by the Utilities Regulator in terms of efficiency and delivering the best value for Northern Ireland.

Mr Nicell stated that from NI Water’s perspective it was important that people recognised that this was an integral part of the development for all areas of Northern Ireland. He referred to the significance of the service provided by NI Water in terms of water supply in regards to the increase in housing stock required for this City Council area, planned development, road network development the use of broadband and their impact in regards to the wider economic picture. These were the key elements in terms of the development and expansion of the City.

Dr Blockwell said he was not directly aware of developers withdrawing because of the lack of investment. However, he imaged that if prior to purchasing land proposed developers contacted NI Water as part of the Pre-Development Inquiry Process, this would assist them in making

5 Page 105 an informed decision. He said NI Water were open and transparent referring to the Developers Services Section of their website which contained a waste water capacity tab which showed treatment works and sewerage systems and the areas affected by capacity issues. He stated that this was used to encourage developers to contact NI Water in regards to specific details which could be further investigated for example to carry out a network capacity check. He said there was not a blanket red across any area in regards to capacity. There may be ways in which NI Water could work with prospective developers such as reducing hydraulic capacity in respect of proposed developments by storm water separation which could be carried out on-site. He stated that NI Water were also considering broader storm water offsetting across other areas, however, this was still at the early stages and required working with the Environmental Regulator. He said NI Water were endeavouring to identify alternative methods to address the drainage issues.

Dr Blockwell referred to a further option being the provision of treatment works by a developer which would be built in accordance with NI Water standards for future adoption. However, this was not generally encouraged as it created more diffused infrastructure scattered around Northern Ireland. NI Water already had more than one thousand works and this proved a greater increase on base maintenance costs. However, it was an option for a developer, albeit, it might not prove straightforward as the developer would have to negotiate consent with the Environment Agency. He reiterated that NI Water was looking for alternative methods or means of assisting, helping or advising developers. However, fundamentally a huge investment in waste water infrastructure would be required to address historical under-investment.

Dr Blockwell said he felt Strabane was affected more by a network issue. He pointed out that PC21 contained an element of investment in respect of Strabane approximately £0.7 million.

Alderman Hussey enquired as to the process involved in the allocation of the water rate fund – rates from businesses – to NI Water. With regard to capital funding he referred to the fact that NI Water required 2.8 billion for the 2020/2021 period with 3.3 billion being required for the 2021/2027 period and queried if there was a cumulative effect due to a lack of investment. He said it appeared that NI Water was only receiving approximately one third of the funding it required.

6 Page 106 Alderman Hussey expressed concern at the lack of green dots in regards to Castlederg and the impact this had on development whether business or residential. He referred to NI Water’s apparent opposition to developer led facility provision. However, if this was carried out in association with NI Water would it not have the potential to provide additional funding into their budget to address the shortfalls which had been identified in regards to facility provision.

Alderman Hussey pointed out that many of the problems in regards to the adoption of new developments was due to NI Water requirements not having been met by developers. He suggested that such problems should be addressed through the organisation’s Enforcement Section to ensure that the proper facilities were installed during the development process.

Councillor McCann enquired if it had been necessary to carry out additional testing of the water quality in the River Faughan in regards to output from the Mobuoy dumping site. If so, he queried the cost involved. He acknowledged the need for extra investment into NI Water in regards to the provision of a safe and secure water system and the impact thereof on every element of life. He expressed concern, however, at some of the elements of the documentation provided to Members in regards to the apparent thrust towards the introduction of water charges and sought assurances that this was not the case. He highlighted his concerns regarding the general privatisation of water and referred specifically to comments by the Chief Executive of NI Water regarding the funding crisis which he felt contained undertones regarding the possible privatisation of NI Water. He felt this was a matter which was outside the remit of the Chief Executive.

Dr Blockwell stated that regardless of how efficiently NI Water was operating as a business, it could only invest what it received within the public expenditure cap and could not raise any additional monies. He stated that NI Water was allocated an annual budget within which it had to operate and could not borrow above this. He stated that all of the organisaitons profits went directly to DfI and did not affect what NI Water could invest.

In regards to the totality of need identified in PC15 and the increases in the levels of investment being sought in subsequent plans, Dr Blockwell agreed that there was a cumulative impact from continued under- investment which would continue to rise.

7 Page 107 In regards to the lack of green dots in respect of Castlederg, Dr Blockwell referred to the fact that Castlederg was amber suggesting that there would be some capacity issues at these works in that they may be nearing capacity or possible compliance issues which would require a lot more operational intervention.

Dr Blockwell pointed out that opposition to developer led water treatment works was due to the possibility of there being an increased number of treatment works to manage which would not prove efficient. There was also the possibility of a developer wanting to develop near to a treatment works which was nearing capacity which would require greater investment for the main works. He stated that these would be considered on an individual case basis and would also have to be negotiated with NIEA and whether they were willing to accept the discharge consent from the new treatment works.

Dr Blockwell referred to the possibility of issuing Bonds to address the issues which arose with developers in regards to adoption. He said NI Water were endeavouring to get developers to install the necessary sewerage systems required for adoption by NI Water prior to abandoning the site. However, if these were not up to standard the development would not be adopted unless there was further investment by the developer.

Mr Nicell stated that NI Water were constantly being compared with other Water Companies the majority of which were private. In regards to the Regulator he stated that NI Water bench-marked itself against other European companies and tried to learn from them and improve in the areas where this was necessary in order to provide a world class service. He stated that NI Water was service driven and had to balance a high level of service being mindful of operational costs, compliance cost, consideration of energy carbon challenges and capital funding. All of these parameters were taken into consideration when making decisions regarding investment. He said he had not been aware in any of NI Water’s business plans a call for the introduction of water charges or privatisation. He said NI Water’s Chief Executive was totally focused on the delivery of the core service and how the organisation performed as a business. He said it was necessary for NI Water to compare itself against other organisations in order for it to improve. He stated that NI Water had improved significantly in recent years in terms of its customer service scores which were at a top level however it continued to strive to improve. He said it was important that the organisation continued to seek to improve in line with other successful businesses.

8 Page 108 He reiterated that he had not received any information which would imply that the Chief Executive was pushing towards privatisation nor was it contained in the organisation’s business plan. He also stated that at this stage the introduction of domestic water charges was not part of NI Water’s decision scope.

Dr Blockwell stated that one of the key issues was that the model for NI Water was not working. He said it was a matter for the Executive to agree a different model. He said currently the organisation’s main objective was to deliver a top quality, efficient service whilst providing an excellent customer service.

Dr Blockwell pointed out that additional testing of the water quality of River Faughan would have been carried out, however, he was unsure of the cost involved. He undertook to investigate this matter and advise the said Member accordingly.

Mr Nicell advised that NI Water had carried out an enhanced level of testing of the River Faughan and the results did not show any increased levels of contamination. He pointed that waters from the River Faughan would pass through Carnmoney Water Treatment Works.

Councillor Jackson referred to the issue of environmental protections and to media reports indicating that there were over 200,000 incidents of raw sewage dumped in rivers in England and Wales due to capacity issues. Bearing in mind the capacity issues being experience in the North of Ireland, he enquired if there had been any instances where raw sewage had been dumped into local rivers. He suggested that the problems which existed in regards to NI Water was the responsibility of the Minister for Infrastructure. He referred to a previous proposal which had been made by Council to invite the Infrastructure Committee to the City and District, albeit, this was not appropriate during the current Covid crisis. However, he anticipated this would take place prior to the finalisation of PC21 and he was sure that the issues in regards to A2 Buncrana Road Scheme and the water treatment infrastructure would be top of the agenda for this meeting.

Dr Blockwell explained that NI Water had safety valves in respect of its sewer networks know as combined sewer overflows. These were consented to work at a certain frequency with the NIEA. He pointed out that where capacity issues existed within the network there would be more frequent releases than desired which were classified as unsatisfactory discharges. This was a classification given by NIEA and

9 Page 109 NI Water and a large part of the PC21 business plan was to address such issues within the network across Northern Ireland. He stated that the reason for the combined sewer overflows, which were common in all waste water systems across the UK and Europe and elsewhere, was to prevent the backing up of sewerage entering peoples’ properties. He said this was horrendous but did happen occasionally with around 120 properties across Northern Ireland having experienced this problem following periods of heavy rainfall. He pointed out that NI Water had a targeted programme to address this issue and was the number one customer issue fed back through surveys over a number of price controls which to be addressed.

In regards to the proposal referred to by Councillor Jackson to invite the Infrastructure Committee to the City and District, the Director of Environment and Regeneration explained that this had been agreed by Council. She advised that a letter of invitation had been sent, however, a response had not yet been received. She undertook to arrange a follow-up in regards to this matter.

The Chairperson thanked Dr Blockwell and Mr Nicell for their indepth presentation and referred to the clear indications regarding funding and the importance of our sewerage and water system in terms of promoting this Council area whether in regards to private or social housing and in regards to Council’s Local Development Plan.

Alderman Hussey requested that the proposal put forward by the Committee include a request that the Department carry out a review of NI Water’s business model. He referred to the fact that it was the responsibility of the Department of Finance to assess business cases financially.

Mr Nicell reiterated that NI Water’s main concern was in regard to the quantum of funding.

Councillor McCann pointed out that this was not a matter for the Department for Infrastructure alone. He stressed that this was a cross cutting issue and was a matter for the Executive as a whole and should not be regarded as the responsibility on a single Departmental Minister.

Subsequently the Committee

10 Page 110 That Council write to the Stormont Executive (a) supporting calls for NI Water for much needed investment to allow for the future development of housing in this Council area; and (ii) request that a review be carried out of NI Water’s business model.

ER210/20 Confirmation of the Open Minutes of Meeting held on Wednesday 14 October 2020

The Open Minutes of the Environment and Regeneration Committee (ER164/20-ER192/20) held on 14 October were confirmed and signed by the Chairperson.

Matters Arising

ER211/20 To Receive Mr J Sammon, Chairperson, Ms P Ross and Mr B O’Donnell (Trustees), from the Boomhall Trust to deliver a presentation on The Restoration of the Boomhall (Ref ER168/20)

Alderman Hussey referred to the use of Boomhall by the WREN’s which could not be overlooked in regards to the history of this building.

ER212/20 Recycling Centres (Ref ER170/20)

Alderman Hussey referred to the continued closure of the Killen Recycling Centre which he anticipated would be resolved in the longer term.

In regards to the Eglinton Recycling Centre, the Head of Environment explained that following the previous Meeting of Committee Officers had met with the landowner concerned regarding the traffic management plan in respect of the site. He pointed out that the Traffic Management Consultants had been on-site earlier that week to carry out the necessary review and had submitted a draft report on the matter. He pointed out that there were some areas of conflict in regards to the landowner’s initial proposal and the Traffic Management Consultant’s review. A further Meeting had now been arranged with Gerard O’Donnell to have these issues resolved. These referred to the circulation of traffic and pedestrians outside the Recycling Centre but inside the confines of the wider industrial estate. He anticipated, however, that a resolution would be forthcoming in the coming days and the plans presented to HSENI for final sign off which would facilitate the reopening of the centre.

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The Head of Environment pointed out that a meeting with one of the landowners in regards to the Killen Recycling Centre had taken place earlier that week to discuss possible options. The landowner had been very supportive of Council’s proposal for the site. It was therefore anticipated that this would be progressed and discussions had also taken place with Planning Officers regarding this proposal. He said this was progressing and in accordance with the recommendation made at the previous Meeting of Committee Council was also progressing with all of the other options. Council was considering proposals in regards to the existing site and was also considering a further site which had been identified within the Killen Village as well as the former DOE yard at the bridge in Castlederg. It was also re-advertising the expressions of interest. In terms of concerns raised by Members in regards to access to facilities, he assured that more bulky waste could be accommodated at the Spamount Centre on the days in question and consideration was being given in regards to possible short-term measures regarding the disposal of paint and other items.

ER213/20 Misuse of Fire Works (Ref ER171/20)

Alderman Hussey requested that Officers investigate the possibility of the RSPCA putting forward suggested actions to be taken by Council to address this problem.

The Director of Environment and Regeneration advised that this was a matter for the Health and Communities Committee as they had responsibility for environmental health and community safety issues. She stated that she had made the relevant officers aware of the comments made at the previous Meeting of Committee and undertook to refer Alderman’s Hussey’s comments accordingly.

Alderman McCready thanked the Head of Environment for the detailed update in regards to the Eglinton Recycling Centre and sought a further update following the signing off of the Risk Assessment and a Final Traffic Management Plan.

ER214/20 Maintenance Issues – Shrub Bed, Lower Main Street, Castlederg (Ref ER176/20)

Alderman Hussey queried if the shrubbery element contained in the Car Park in Castlederg was in Council ownership. He also referred to shabby condition of the access to Castlederg town via Prospect Terrace

12 Page 112 and enquired if it would be possible for Council to ascertain who was responsible for this. He also referred to the removal of a tree from Main Street and enquired if there were plans to have this replaced.

The Director of Environment and Regeneration undertook to address the issues raised in regards to specific areas in Castlederg with Alderman Hussey directly.

The Head of Environment undertook to address the issues raised with the relevant Officers.

ER215/20 Update – The 18 Million Tree Campaign (Ref ER182/20)

Alderman Hussey requested that the substantive report to be presented in regards to the above matter consider the encouragement and support with advice to any groups wishing to plant trees to mark the 100th anniversary of the establishment of Northern Ireland via some small trees. He referred to the fact that this had been done previously on notable occasions.

The Director of Environment and Regeneration undertook to refer Alderman’s Husseys comments to the relevant Officers for consideration.

ER216/20 Memorials at City Cemetery (Ref ER183/20)

Alderman Hussey noted the considerable emphasis on the City Cemetery but referred to problems experienced in other Cemeteries within the Council area in regards to the lawn-type layout. He requested that the further detailed report address all of Council’s cemeteries and in particular those with the lawn-type facility.

The Director of Environment referred to the Committee’s decision to reinstate the Cemeteries Working Group and a meeting had taken place with various Party Leaders regarding the matter. Nominations had also been sought onto that group. She advised that this would be a matter for consideration by the Cemeteries Working Group the outcome of which would subsequently be presented to Committee for consideration.

Alderman McCready thanked the Director of Environment and Regeneration for the update in regards to the recommencement of the Cemeteries Working Group and looked forward to resolutions

13 Page 113 presented by the Working Group. He acknowledged the difficulties and complexities surrounding the task at hand. He queried when the further detailed report would be presented to Committee.

Councillor Carr nominated Councillor Donnelly onto the Cemeteries Working Group.

The Director of Environment and Regeneration advised that when all of the nominations onto the Cemeteries Working Group had been received a meeting would be arranged as soon as possible. However, this was required before a further detailed report would be presented to Committee. She assured that the matter would be progressed as quickly as possible.

The Head of Environment referred to the sensitivities surrounding this issue which would be reflected in the report. He stated that aside from what had been agreed by Committee Council’s Corporate Health and Safety Officer and Assurance Officer had now become involved and the content of any detailed discussions would be presented to the Cemeteries Working Group for consideration together with the drafting of the further report to be presented to Committee.

The Chairperson encouraged all Parties to submit their nominations in respect of the Cemeteries Working Group as soon as possible.

The Committee

Recommended that Councillor Donnelly be nominated onto the Cemeteries Working Group.

ER217/20 Switching from a Kerbside Co-Mingled to a Kerbside Sort System

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 provide Members with a report into the costs and associated issues with regard to switching from a kerbside co-mingled collection system to a kerbside sort collection system following a request at a previous Meeting of Committee.

The Head of Environment explained that currently all of Council’s recycled materials were placed in a blue bin and were taken off-site for processing. However, in a kerbside sort system these were separated at the kerbside into specific materials and then removed. He referred to

14 Page 114 an earlier recommendation by the Committee in regards to a Circular Economy Zero Waste strategy and Council had been progressing elements of the strategy one of which was the introduction of a separate collection. WDR and RT Taggart Consultants had been engaged to examine this and they had brought forward what they considered to be the main issues for consideration.

The Committee received Mr A Thompson, Taggart Consultants who gave a power-point presentation identifying the impacts of switching from a co-mingled to a kerbside sort system. A copy of the presentation had previously been circulated to Members. Mr Thompson then invited Members’ questions.

Members welcomed this comprehensive presentation on such a significant issue facing Council and the whole debate regarding climate change.

Alderman McCready queried why the Consultants had only outlined and analysed scenario 4 and asked if a detailed synopses had been carried out in respect of the other three scenarios to be presented to Committee. He referred to much of the findings in regards to cost and the significance thereof to Council and the need for Council to balance this with the effectiveness of this system if adopted, notwithstanding the current financial constraints and issues arising from Covid. He said these issues aside it was a major decision for Council to transform how waste was managed and recycled holistically. He said given the enormity of this task he would require greater details in regards to the other scenarios in regards to risks associated and costs involved. He also sought comparable data and an in-depth analysis on how this translated and variations of cost.

Alderman McCready pointed out that Council endeavoured to prosper in respect of all its projects and programmes. He referred to the potential for exploitation on something of such a large scale through business opportunities. In regards to references made to taxes and plastics and monopolies by a few companies he expressed concern that Council could be forced into becoming part of a consortium particularly given issues which had arisen in the past in regards to waste management. He said he was not at all comfortable with the recommendation for Council to partake in any financial commitments. He was supportive of the recommendation for Council Officers to engage with central government and seek external funding to fund a project such as this but not necessarily scenario 4. He referred to the

15 Page 115 need to firstly address how to deal with waste and the costs involved as opposed to identifying funding in respect of a system before having received the greater detail. He referred to the fact that this would be a longterm programme and a transformational change and it was necessary to consider it in this context.

Councillor Durkan welcomed the report as this was part of the wider strategy in regards to zero waste to which Council was now committed. She agreed with the previous speaker’s comments regarding the fact that the report was very focused on one model. She said that while she was excited about the concept she did not have any expertise in regards to the challenge. However, she referred to the fact that the expertise existed within Council’s partners in terms of the wider Zero Waste Strategy such as Zero Waste North West who had played a major role in shaping Council’s wider strategy. She felt it was important to engage them in terms of considering other models. She stated that this Council was a Zero Waste Municipality and was one of the first on this island and through which council’s zero waste networks had access to information models which had proved successful elsewhere. She said she supported the general recommendation to engage with central government in terms of sourcing funding. She did feel kerbside sort was the way to proceed but similar to the previous speaker she was unconvinced regarding this particular model and would be wary of committing to it. She felt more work was required and suggested that it might be helpful if engagement took place between the Consultants and Zero Waste North Waste regarding the possibility of exploring other areas. She pointed out that the decision taken would prove transformative and it was necessary to make the right decision. Both Committee and Council would be doing a disservice if it did not take a more informed and holistic approach.

Councillor Burke said it was apparent from the report that there were difficulties and concerns in regards to costings and resources. She referred to Council’s commitment to achieving a zero waste economy and its strategy in this regard of which this would form a major part. She concurred with the previous speakers in regards to the need to ensure that the right decision was taken. She agreed that the presentation was heavily focused on scenario 4. She said her Party would agree with the recommendation to approach central government regarding possible funding opportunities whilst considering other options. She stated that this was a massive undertaking and would be a work in progress and difficulties would arise.

16 Page 116

She enquired as to the involvement, if any, of Zero Waste North West in terms of the preparation of the report presented to Committee.

Alderman Hussey said he would welcome information regarding the implications of the other three scenarios. He said Council was already carrying out an excellent job in regards to meeting its recycling targets and were one of the most successful in Northern Ireland and beyond. He stated that the presentation clearly highlighted that switching the system would prove extremely costly with no guarantees of a greater outcome. He said he did not favour scenario 4 and sought additional information in regards to the other 3 scenarios.

Councillor McCann expressed concern that Zero Waste North West had not been consulted regarding this matter particularly given that they had pioneered the Zero Waste Campaign in this area and presented to Council on a number of occasions. He suggested that engagement take place with Zero Waste North West prior to any decision being taken in regards to this matter. In regards to the issue of environmental protection he said he was intrigued by a recent query from Clare Hanna SDLP MP for South Belfast to the Secretary of State for Environment regarding what assessment he had made regarding the level of staffing resources required for the Office of Environmental Protection to undertake its statutory functions in Northern Ireland. He referred to the fact that it had been pointed out that the Environmental Protection Order when passed by Westminster would apply to Northern Ireland but was waiting for the Assembly to become active which was required. He expressed concern at such a scenario as this would imply that the Office of Environmental Protection did not have any powers of investigation or referral or indeed to impose sanctions and was merely a by-standard body. He said if there were environmental protections then the body supervising these must be able to protect the environment.

In regards to the Mobuoy Road site, Councillor McCann suggested that every effort should be made to freeze the assets of those people who have been charged with indiscriminate dumping on this site. He referred to the cost involved in the remediation of the Mobuoy site which would ultimate be paid by taxpayers. He reiterated that the assets of those people who had been charged without implications of guilt be frozen.

17 Page 117 Alderman Ramsey referred to the environmental impact of the additional works in regards to vehicles, fuel, time involved and the various aspects involved in scenario 4. He also referred to the success achieved by Council in terms of meeting its recycling targets and did not feel he could support a change from the current system in favour of scenario 4. He requested that Officers consider the environmental impact involved in regards to scenario 4.

Councillor Carr concurred with the sentiments expressed by Alderman Hussey. Whilst he would not oppose the recommendation for Officers to approach central government to seek funding for some projects he would welcome alternative options being presented to future meetings for consideration.

The Head of Environment explained that the reason that scenario 4 was analysed was in accordance with the recommendation arising from the Circular Economy Zero Waste Strategy. He stated that there were a number of scenarios identified within the Strategy, however, scenario 4 was the preferred option and the one which was carried forward with the adoption of the Strategy per se. He assured that there was scope to model the other options and present these to the Committee for consideration. He advised that the Strategy was developed including the selection of options in conjunction with Council’s colleagues in Zero Waste North West and whilst they were not consulted directly in regards to this exercise they were familiar with and engaged in the adoption of the Circular Economy Zero Waste Strategy from which this scenario had come about. He said Officers would model the other options and other variations in terms of collection system in terms of progressing the matter. He referred to the published data in respect of waste data flow and the DAERA returns for the period April-June 2020 which was during the pandemic when Council had been rolling out the brown bin scheme which showed a recycling and composting rate of 47% for this period. This would have increased as Council continued to roll out an additional 20,000 bins within that period. Council would therefore be hopeful that the figures for the summer period would be in excess of 47%.

The Director of Environment and Regeneration pointed out that as Members would be aware Officers worked very closely with Zero Waste North West. She said Officers were happy to engage with the stakeholders in order to share the content of the report with them and obtain their thoughts and suggestions on possible solutions.

18 Page 118 Mr Thompson pointed out that in terms of developing a system to achieve a Circular Economy Zero Waste Strategy the most critical element was to implement a system which was collecting the maximum amount of material per household and was achieving maximum participation by householders. He stated that from the study carried out the previous piece of work suggested that scenario 4 would be the best alternative option. However, when this had been assessed it clearly did not match up in its ability to capture the tonnage required from householders. He stated that currently in regards to assessing the current system against scenario 4, the current system was definitely the preferred option and provided the greatest opportunity of diverting waste away from disposal. He also referred to concerns regarding the potential for the creation of monopolies which he shared in terms of the move to collect materials to assist local companies. However, there were no guarantees that these companies would still be operating in a number of year’s’ time and in his professional opinion he felt that Council should focus on collecting material and ensuring that it was of an appropriate quality for sale in the market. It could then be sold in the wider market and recycled and recovered. By doing this Council was ensuring that it was not tied to one outlet for material but was getting best value for money and for the ratepayer.

Subsequently, the Committee

Recommended (i) that Officers be mandated to seek external funding from central government in respect of a particular project which has not yet been agreed; (ii) that the three remaining scenarios and analysed and presented to Committee in a similar format for consideration; (iii) that Council consult with its Zero Waste Strategy stakeholders specifically Zero Waste North West in regards to this matter; (iv) that Council consider the environmental impacts in regards to the four scenarios.

ER218/20 Six Monthly Progress Report – Environment and Regeneration Directorate

The Director of Environment and Regeneration presented the above report, a copy of which had previously been circulated. She advised

19 Page 119 that the purpose of the report was to present Members with an update in relation to Directorate achievements during 2019/2020 and a six monthly update in relation to progress against planned service delivery targets for the first six months of 2020/2021.

Councillor Jackson welcomed the report and on behalf of his Party commended staff on the work carried out by the Directorate particularly during such challenging times. He referred to the considerable amount of information contained in the report which reflected the scale of work carried out by the Directorate. He referred specifically to the delivery of community centres which had been long awaited. He referred to the level of work carried out in respect of campaigning for these centres and the massive beneficial impact they would have on respective communities. He referred to the Top of the Hill Community Centre which had recently opened its Playgroup and Youth Club which was hugely welcomed in the area. He looked forward to a time when this facility could be enjoyed by the wider community. He stated that the report reflected the work plan in respect of the previous six months which, he reminded Members, was in the midst of a global pandemic. He said Officers had to be commended on the level of work carried out. He referred to the reduction in services being offered by other Councils, when this Council had endeavoured to ensure that service provision continued as much as possible throughout the pandemic. This was a positive and welcome approach. He referred to the work which was continuing in regards to the Council’s Greenways and Play Strategies and in particular the newly announced shop front enhancement scheme planned for Spencer Road. He referred to the fact that this was an extremely challenging time for businesses and particular local independent businesses and the long await Shopfront Initiative provided a glimmer of hope for the future.

Councillor Jackson noted with concern the low figures in regards to progress made under planning. Whilst acknowledging how the planning function had continued throughout the ongoing pandemic and restrictions put in place he enquired if the figures mentioned were a matter of concern.

Alderman Hussey commended Council Officers on the efficiency with which they dealt with the Covid Recovery Revitalisation Programme. He referred to the 6.89 million euro which had been secured in respect of the Riverine Project and enquired if there were concerns regarding receipt of these monies.

20 Page 120

The Director of Environment and Regeneration thanked Members for their comments and acknowledged the level of work which had been carried out and schemes delivered during the previous six months and during such challenging times. She commended her Senior Management Team and all of the staff within the Directorate on their hard work and efforts during this period. She stated that currently there were no concerns in terms of planning and referred to an issue which had arisen in regards to updating the information. She pointed out that the targets were in respect of the year end and she undertook to ensure that these were updated and presented to Members in due course. She referred to some difficulty which had arisen in regards to planning enforcement because of the difficulties in being able to undertake site visits during the early part of the lockdown. However, this had been addressed as far as was possible.

The Director of Environment and Regeneration assured that the Riverine Project was now fully established and the funding had been secured. She pointed out that Donegal were the lead partner in this project as Council was with the North West Greenway Project. She said that they worked in close partnership with monthly Project Board Meetings taking place. She continued that a Design Team had now been appointed in respect of the Riverine Project who would progress the detailed designs through the planning process and on to the delivery of the project. She stated that as was the case with all projects of such a huge scale there clearly would be challenges. However, it was currently on track and Council was engaging with SEUPB in terms of ensuring that the project could be delivered within the timescale. She referred to the fact that the timescale was tight however, it was fantastic news that the project was now at delivery stage and Council was now progressing it as quickly as possible.

Alderman McCready commended staff within the Directorate on their outstanding achievements particularly throughout the pandemic. He referred specifically to the fact that 40% of Council’s budget was utilised within the Environment and Regeneration Directorate and it was therefore subject to considerable scrutiny. He enquired when the most recent route and branch review of the Directorate in regards to efficiencies, had been carried out and if this could be factored in in the future. He said he understood this was carried out monthly or bi- annually as a matter of course, however, he would be raising it at a future meeting of the Governance and Strategic Planning Committee for consideration by the Lead Finance Officer and his team. His reason

21 Page 121 for raising this matter was because of Covid and its clear impact on services and the lessons learned in regards to home working in terms of Council becoming more google-esque in the operation of its services. He sought an addendum to a future report in regards to how Council’s practices would change in the future and if this created any opportunities to extend services within the existing budget.

Councillor Dobbins commended whole-heartedly the Director of Environment and Regeneration and her team on their achievements particularly during such challenging times. She referred to the fact that none of the staff within the Directorate had been furloughed and were working behind the scenes which was evident. She disagreed with the comments made by Councillor Jackson in regards to planning. She expressed concern at the possibility of issues in regards to enforcement lagging given the impact thereof.

Councillor Carr welcomed the report and the progress which had been made in such unprecedented times. He requested that Member’s comments be relayed to all Members of staff within the Directorate bearing in mind the work carried out by them during such challenging times.

The Director of Environment and Regeneration thanked Members for their comments which she undertook to convey to all members of staff within her Directorate. She said all staff were regularly commended by senior management on their hard work and efforts.

The Director of Environment and Regeneration explained that a review of services was carried out regularly and as Members were aware, since the implementation of the new Council, more than £3.1 million of efficiency savings had been realised which had been reinvested in growth. She stated that the Environment and Regeneration Directorate had contributed significantly to these savings and were constantly considering how services could be provided more efficiently. She stated that clearly because of the updates provided by the Chief Executive and the Lead Finance Officer Council were in unprecedented financially challenging times and a considerable amount of the work including service delivery and Covid recovery and all of the major tasks carried out by her and her team were extremely integrated and involved with the Lead Finance Officer and his team in terms of considering how Council could respond to the financial challenges being faced. This included examining any possible efficiencies which could be made in order to contribute to a favourable outcome of the

22 Page 122 rates process for ratepayers. It was also considering if, given no other choice, how to reduce services in the least intrusive way possible. She pointed out that the vast majority of services provided by her Directorate were statutory services which were relied upon by residents on a daily and weekly basis. She said in a number of areas Council was leading the way referring to the number of awards received particularly “Britain in Bloom” and “Pride of Place” type of initiatives. She said that whilst Officers were extremely keen to maintain standards they did recognise the difficult financial challenges facing Council. She continued that Officers had been considering possible options in regards to the following year’s budget all of which would be included within the briefings to be presented by the Chief Executive and the Lead Finance Officer for Members’ consideration. She reiterated that Officers were mindful on a daily basis of the need to ensure that the services being provided were as economical, efficient and effective as possible.

The Chairperson also commended the Director of Environment and Regeneration and all her staff on the excellent work carried out by them during such challenging times.

The Committee

Recommended that Members noted the content of the six month progress report and approved the Directorate Delivery Plan for 2020/2021.

ER219/20 Update on the Introduction of the Fly-Tipping Protocol and Article 4 and 5 of Waste and Contaminated Land (Amendment) Act 2011

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 update Members on the implementation of the Fly- tipping Revised Shared Protocol agreement with Northern Ireland Environment Agency (NIEA) as well as the commencement of Articles 4 and 5 of the Waste and Contaminated Land (Amendment) Act (Northern Ireland) 2011.

Councillor Fleming welcomed the report and noted the ongoing work being carried out by Council Officers and the NIEA officials in regards to Articles 4 and 5 and the implications thereof. He enquired as to a timeframe in regards to the completion of the process and if there were

23 Page 123 any key issues which Members should be made aware of. He also sought clarification in regards to the classification and implications for Council in relation to Article 5.

In regards to 2.4 of the report, Alderman Hussey stated that NIEA had responsibility for waste deposition greater than 20 cubic metres. He enquired as to how often NIEA had been engaged and how quick was their response in such situations. He commended Council staff responsible for dealing with fly-tipping on their swift response to any complaints submitted.

The Head of Environment explained that the main concern in regards to Article 5 for Council was the application of the Duty of Care requirements. He said Councils were satisfied with applying Article 5 to their own spheres of operation. However, the Duty of Care was much wider than this and applied to anyone transporting waste and therefore Council could be requested to carry out inspections and checks on third party operators who were not providing services directly for Council and the resource implications in terms of doing this. He stated that these concerns had been raised by a number of Councils and a small working group made up of Officers from a number of Councils had been established to consider this matter and bring forward proposals in terms of how this might be addressed. He pointed out that a meeting of the working group had been scheduled to take place in two weeks following which it was intended that proposals would be presented to all 11 Councils in regards to taking this forward. If there was agreement on these proposals it was anticipated that this would be presented to the Department in January for further discussion.

The Head of Environment explained that Council had been able to secure NIEA’s services on a number of occasions, albeit, not as many as it would have liked. He said they had responded to some of the larger scale incidents across the City and District in recent years. He referred, however, to the challenges in determining 20 cubic metres and it was hoped that the fly-tipping protocol would remove any uncertainty regarding which organisation had responsibility and any issues arising from this could be resolved.

The Committee

Recommended that Members endorse the Fly-Tipping Protocol as detailed in Appendix 1.

24 Page 124 ER220/20 Mobuoy Update

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 monthly update from DAERA on progress in relation to Mobuoy Road remediation.

Councillor Durkan referred to the fact that this was the first meeting which had taken place since the meeting with the Minister for Environment regarding this matter. She referred to the issues addressed with him regarding the Public Inquiry. She said it was becoming more evident that this was a cross cutting issue which involved numerous Departments. She felt this issue required a wider Executive response. She suggested that Council write to the Executive Office and this correspondence be copied to relevant Ministers including DAERA, DfI, Justice, Health, Communities and Finance. She also referred to the potential cross-border issues which added to the cross-cutting nature of this issue. She said it was not about pinpointing individual Ministers but the Executive as a whole taking responsibility for the remedial and strategic response which included a fact finding inquiry. She said little had changed since March 2014 when there was cross-party support for the need for such an inquiry. She said Mobuoy was just one example and was about the wider policy and practice of illegal waste across the North. She said it was important that the Executive accepted responsibility for remedial measures and assurances and strategic recommendations. She also referred to the need to avoid a repetition and to anticipate future problems and pre-empt and prevent these. She said it was important to have the full Executive involved as an inquiry would scrutinise information from all relevant authorities both in the Republic of Ireland and in the UK including the Crimes Agency and HMRC. She continued that the Minister’s response was to focus on looking forward. However, a Public Inquiry was required in order to move forward totally because recommendation and remedy would be informed by such an exercise.

Councillor Carr concurred with the sentiments expressed by Councillor Durkan.

Councillor McCann referred to the need for the facts to be established in a formal manner and to consider the wider implications in regards to this. He said he had been part of a non-Council delegation to lobby the Minister in recent weeks regarding the need for justice. He said the Minister had recently indicated to The Gathering that he had already

25 Page 125 spoken to the Republic’s Minister for Environment on this issue together with the issue of cross-border waste and would have further discussions on the matter through the North West Ministerial Council. He emphasised that if a stakeholders group was to be established it must include and involve those with an in-depth knowledge and experience of the Mobuoy problem including representatives from the Enagh Youth Forum. He referred to the considerable number of green spaces in the greater Derry area some of which were quite lavish which were a tribute to Council and the realisation of such beauty ought to emphasise the ugliness created by criminal private enterprise at Mobuoy. He referred to the minutes of a meeting which had taken place with representatives from The Gathering and the Minister and various other NIEA representatives and suggested forwarding a copy to all Members, if they so wished.

Councillor Fleming referred to the issues discussed at the recent meeting with the Minister for Environment. He concurred with the comments made by previous speakers’ regarding his disappointment at the lack of progression in terms of a Public Inquiry. He stated that there were a number of different aspects to this including remediation and bringing the facility back into public use. However, there was still a need for a Public Inquiry not least in terms of lessons being learnt for the future safety of the environment. He stated that a Public Inquiry remained a priority for his Party. He acknowledged the importance of the remediation of the site and referred to the need for a stakeholder group to include representatives from across the board including the local community and experts in this field.

The Committee

Recommended (a) that Council write to the Executive Office and the correspondence is copied to relevant Ministers including DAERA, DfI, Health, Communities and Financing requesting that a Public Inquiry be carried out in regards to the situation at Mobuoy Road; and

(b) that Members endorse the governance arrangements as proposed by DAERA.

Open for Information

26 Page 126

ER221/20 Invasive Alien Species Strategy of Council Owned Greenspaces Update

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 provide clarification on queries raised by Members at the July (ER22/20) and September (ER147/20) 2020 Environment and Regeneration Committee Meetings in relation to invasive species in the Strabane area and collaborative working with stakeholders to address invasive specie

Councillor McHugh welcomed the ongoing works in regards to tackling invasive species and he acknowledged the complications involved.

Councillor Edwards welcomed the progress in regards to addressing the problem with Japanese Knotweed along the Strabane River Walkway. In regards to the annual budget of £5,000 he wondered if alternative options were being considered. He said himself and Alderman Hussey had visited Sion Mills and saw the Giant Hogweed in the wider area growing on private land which was not being addressed.

Alderman Hussey concurred with the comments made by the previous speaker. During a visit to the Sion Mills area he had witnessed at the railway embankment and beyond the presence of invasive species which appeared to be growing on private land. As such he felt it would be important to contact DAERA with regard to having enforcement action taken to address this problem.

The Committee

Recommended that Council write to DAERA enquiring as to what enforcement activity was being carried out within the Derry City and Strabane Council area in terms of invasive species.

ER222/20 Repair and Replacement of Riverside Retaining Structures – Project Update – Claudy and Sion Mills

The Director of Environment and Regeneration presented the above report, a copy of which had previously been circulated. She advised

27 Page 127 that the purpose of the report was to update Members on progress with riverbank strengthening works at Claudy and Sion Mills.

Councillor McHugh expressed his disappointment at the postponement of the proposed works to Sion Mills Riverside Walkway. However, it was obvious from the report that this was unavoidable and it was probably more sensible to have the works at Claudy completed prior to having the works at Sion Mills carried out. He stated that the issue in regards to Sion Mills had been raised by Councillors for the area on numerous occasions in recent years. It was regrettable that having the necessary approvals in place it had not been possible for the works go proceed at this stage. He said it was paramount that these works were carried out as soon as possible.

Councillor Edwards also expressed his disappointment at the delay in the works being carried out given the lack of green space in this area and felt it was important to have the upgrading works carried out to restore this to a level of safety for the general public. He anticipated that the works would be carried out early in the new year. He referred to a meeting he had early that week with Council Officers regarding the possibility of extending the walkway and greenways in respect of the wider area.

Alderman Hussey concurred with the remarks made by Councillor McHugh in regards to the fact that this was an ongoing issue particularly in the Sion Mills area spanning back to the 2016 floods when part of the embankment eroded causing a serious health and safety issue along the riverside walkway. He said it was extremely disappointing to find out that these works would be delayed until Spring 2021 because of restrictions placed on Council by others. He queried the rationale in regards to being at the commencement stage and being told the works could not proceed. He understood that water levels would increase during the winter period but certainly anticipated that come the early Spring these much needed works would commence.

The Director of Environment and Regeneration shared Members’ frustrations in regards to this matter and said she would endeavour to have these works commenced as soon as possible.

The Head of Capital Development and Building Control stated that fundamentally the issue in regards to the commencement of these works was because of the Covid pandemic. He pointed out that the

28 Page 128 works had been tendered in sufficient time to ensure they would be carried out during the most advantageous period over the summer when water levels would have been at their lowest. However, unfortunately due to Covid it had not been possible to appoint a contractor to be on-site and carry out the works at that time. By the time Council were in a position to appoint a contractor and they were able to begin work it was late summer/early autumn when water levels were unfavourable. The contractor was unwilling to commence works for health and safety reasons and because there were no guarantees that the works would be completed by the deadline date given by the Rivers Agency. It was anticipated that when this prohibition ended in the spring and subject to suitable water levels the works would proceed. The contractor had given assurances that he would be onsite to complete the works at no additional cost to Council.

ER223/20 Terracycle Recycling Scheme

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 provide Members with an overview of the Terracycle Recycling Programme in consideration of the recent Notice of Motion agreed at Council.

ER224/20 Proposed Provision of Disabled Parking Bays Across the District

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 October 2020 from DfI Network Development Section regarding proposed disabled parking bays across the District.

Members noted the content of the report.

ER225/20 DfI No Waiting Restrictions

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 no waiting restriction.

Members noted the content of the report.

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ER226/20 Christmas Lighting

Councillor McHugh said he understood that Christmas Lighting features were to be erected in Killen Village and Killeter Village as part of the 2020 Christmas Lighting Scheme. He understood a feature had been erected in Killen and enquired as to the current position in regards to Killeter.

The Head of Environment undertook to address this matter directly with Councillor McHugh.

30 Page 130 Agenda Item 8e

Derry City and Strabane District Council

Open Minutes of the Meeting of the Health and Community Committee of Derry City and Strabane District Council held Remotely on Thursday 12 November 2020 at 4.00pm. ______

Present: - Councillor R Barr (Chair); Aldermen Devenney, Hussey and Warke; Councillors Burke, Duffy, Edwards, Farrell, Ferguson, Harkin, Logue, McHugh, Mooney and Reilly.

Non-members of Committee:- Aldermen Guy, Kerrigan and McClintock: Councillors Carr, Donnelly, Doyle, Durkan, Gallagher 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), PA to Health and Community Director (Mrs L Shields) and Committee Services Assistant (Mrs T Johnstone). ______

HC188/20 Notice and Summons for Meeting

The Director of Health and Community read the Notice and Summons for the Meeting.

HC189/20 Members Attendance and Apologies

The Director of Health and Community recorded Members attendance. No apologies were received.

HC190/20 Statement for Remote Meetings

The Chair read the statement for remote meetings.

HC192/20 Declarations of Members’ Interests

Councillor Burke declared a non-pecuniary interest in the following agenda items:  Agenda Item 9 – Covid-19 Access to Food Programme  Agenda Item 10 – Covid-19 Financial Inclusion Partnership Fund  Agenda Item 13 – Covid-19 Community Recovery Plans.

Page 131 Councillor Duffy declared a non-pecuniary interest in the following agenda item;  Agenda Item 10 – Covid-19 Financial Inclusion Partnership Fund

Councillor Ferguson declared a non-pecuniary interest in the following agenda items;  Agenda Item 13 – Covid-19 Community Recovery Plans  Agenda Item 11 – Electromagnetic Fields from 5G Base Stations  Agenda Item 14 – EU Exit and NI Protocol: Imported Food Checks at Points of Entry/Ports.

Alderman Devenney declared a non-pecuniary interest in the following agenda item;  Agenda Item 10 – Covid-19 Financial Inclusion Partnership Fund.

Councillor Logue declared a non-pecuniary interest in the following agenda item;  Agenda Item 10 – Covid-19 Financial Inclusion Partnership Fund.

Open for Decision

HC193/20 Deputation: Attendance by Dr Paul Molloy and Dr Ciaran Mullan to respond to Members’ queries on the provision of GP Services.

The Chair thanked both Doctors for giving up their valuable time to address the Committee.

Dr Molloy thanked the Committee for the invitation address Members. He outlined that he was currently a GP with Clarendon Medical Practice in the city as well as working shifts at the Covid Centre in Altnagelvin Hospital. He noted that Clarendon Medical employed 6 doctors and had 11,000 registered patients.

Dr Mullan stated that he was a GP in the Riverside Practice in Strabane Health Centre for over 20 years. He noted that the practice had a patient population of approximately 7,500 and a make-up of six doctors and multi-disciplinary team members feeding into the practice team also. He stated that similarly to Dr Molloy and most GP colleagues, he had also a commitment to work sessions at the Covid Centre. He also has a role within the Trust as Associate Medical Director. He stated that he worked collaboratively with GP colleagues in the Trust to attempt to improve and develop services which was

Page 132 paramount in this particularly challenging time and appreciated the opportunity to speak to the Committee.

Councillor McHugh thanked the GPs for attending the meeting. He stated that he firstly wished to clarify that the matter had been raised as a concern due to representations brought to him from constituents within the Derg DEA. Subsequently, he had been contacted by other residents from throughout the city and district. He stated that the matter had not been raised as any criticism of GPs or their staff and wished to take the opportunity to pay tribute to the sterling work carried out by GPs to provide a crucial service throughout the Council area.

Continuing, he noted that since the Covid restrictions were put in place, people had expressed concern that they were unable to see their GP on a face-to face basis as easily as they would have in previous circumstances. He stated that this had resulted in patients contacting a different practice or presenting themselves at the Emergency Department of their local hospital for treatment. This subsequently had the follow on effect of putting the emergency department under even more pressure. He stated that people had also expressed concern that regular clinics, such as for asthma or injections, had been postponed. However, no communication had been made outlining how long they would be postponed for or if they could obtain their medication by an alternative method. He stated that those experiencing mental health issues and requested a face-to-face meeting with a GP were finding it difficult to get an appointment. He stated that as an Elected Representative he wished to pass on those concerns to those who work in the medical profession. He asked if central government could assist in terms of allocating more resources to GPs to make it more accessible for patients to avail of crucial face- to-face appointments.

In response, Dr Molloy stated that when the pandemic had reached Northern Ireland, stories coming from other parts of Europe about hospitals and staff being overwhelmed were incomprehensible and that nobody had experienced anything like it. He stated that two health care streams were put in place at GP practices throughout the city and district; a Covid stream and non-Covid stream. He advised that if a person displayed symptoms of Covid or respiratory problems such as a cough or shortness of breath, it was presumed that if it was a new illness it could be Covid. Therefore, it would be dangerous to bring those people to the practice as they could spread the virus to staff,

Page 133 doctors and other patients. He advised that GP practices were the non- Covid stream and that there was never any intention that GPs would cease to see patients. He did understand that in the process of getting the Covid centre set up which had been difficult that perhaps the Department of Health (DoH) and the Health Board who were also so busy, information had not been relayed to the public quickly enough.

Continuing, he referred to the phone based triage service being used at GP practices. He stated that some GP practices already used a phone based triage service, therefore it was the norm. He stated that the purpose of the phone system was initially to prevent patients coming to the practice with Covid symptoms. He stated that any patient coming to see a doctor were initially contacted by telephone to ensure that they did not have Covid symptoms. Any patient who described having such symptoms would be directed to the Covid centre. He stated that social distancing guidelines had to be followed in GP surgeries, therefore there would be a reduced number of patients allowed in at any one time. He advised that the ability to offer a completely open appointment system as it was prior to Covid, was hampered by the number of patients allowed in the waiting room at any one time. However, even with spacing appointments out over a longer period of time, the services are still available. He advised that whenever the first very strict lockdown happened, because of the transmission rates and the locality, the practice service reduced to only seeing those that absolutely needed face-to-face appointments. He referred to Councillor McHugh’s comment regarding clinics and advised that the practice had ceased those clinics in the initial weeks of the lockdown as they were not deemed as absolutely essential. However, after a few weeks, the clinics had re-commenced.

Dr Molloy explained that going from an all appointment based system to a phone call based system, had meant that patients from throughout the Trust area had experienced difficulties in getting through to GP practices. He stated that as a member of the Local Medical Committee (LMC), he had contacted surgeries to remind them that patients should be seen when necessary. He emphasised that it was important to remind the public that GP practices were still open for business. However, it was not up to the LMC to police individual GP practices as they are individual businesses and independent contractors. In his opinion, the Board and agencies and the Council had been remarkably helpful to GPs in the area.

Page 134 Continuing, he referred to the telephone triage system at Clarendon Medical Practice and stated that the telephone system there had approximately 10 lines. He advised that there were 5 or 6 doctors and the members of the multi-disciplinary team phoning patients each morning, coupled with patients attempting to phone into the surgery was a problem even before the pandemic. He stated that the Board had provided funding in the form of a telephony enhanced service for the practice to purchase a new phone system. He stated that inadequate phone systems in GP practices had caused difficulty for patients attempting to get through and hoped that the funding would be used by practices for new systems. However, he advised that problems with the phone systems were apparent prior to Covid and that some practices were also understaffed and these issues had been raised pre-pandemic. He stated that there was an ongoing issue of getting GP practices fully staffed, particularly in the Tyrone and Fermanagh areas. He stated that Dr O’Hare had to amalgamate three practices in the Castlederg area as they did not have the ability to maintain them separately.

Councillor Ferguson thanked the GPs for attending the Committee meeting. She stated that the request to speak with GPs was not based on criticism whatsoever but a need for re-assurance for constituents. She stated that she had received similar information prior to the pandemic, that her own GPs surgery was under pressure due to issues such as understaffing. She stated that she had been contacted by a constituent who had been advised by their GP practice in August, when restrictions had been relaxed, that there were no face-to-face appointments available. She advised that this person who was 32 weeks pregnant, subsequently presented themselves at the emergency department of their local hospital and after a four-hour wait had left. She stated that she had received concerns from rural constituents who had connectivity problems, therefore were unable to have a telephone triage call or video call with their practice. She stated that this had resulted in them not contacting their GP if they were feeling unwell. She asked what reassurance could be extended to those constituents on the matter.

In response, Dr Mullan stated that there was an ongoing balancing act in terms of managing Covid and non-Covid demand. He said that Councillor Ferguson’s comments had highlighted the importance of relaying the message to the public that GP practices were still open for business and GPs actually preferred to see patients face-to-face. He advised that even when restrictions had eased, doctors still had to be

Page 135 on their guard at all times to ensure a safe, working environment adding that GPs had to modify how they worked in terms of making sure all processes had been followed if they were seeing a patient on a face-to-face basis. He stated that GP practices were open for business, however it was now a more complex work day. He stated that this was due to issues such as managing phone call demand, then signposting patients to the appropriate service within the practice eg, home visit or face-to-face appointment. This was alongside managing daily pressures such as correspondence from hospitals.

Continuing, he advised that hospitals were also attempting to manage a Covid and non-Covid stream. This meant that the majority of outpatient appointments were also on a virtual basis which subsequently generated an extra workload for doctors. He referred to Councillor McHugh’s comments on up-to-date communication and stated that it was challenging and difficult for GP practices. He noted that when the decision was made to cease clinics during the pandemic then re-commence them, patients were understandably frustrated that something they availed of in July or August were now not available due to the restrictions being back in place. He noted that a further 700 Covid cases have been reported in Northern Ireland in the past 24 hours therefore the situation was something that has to be balanced as not only are there patients out there who want to see a GP, there were some who were too frightened to leave the house to visit their doctor or even make a phone call. He referred to the issue regarding the lack of GPs in practices and emphasised the importance to push for the Graduate Entry Medical School at Magee as there is not been enough GPs or hospital doctors in this area per head of population. He stated that whilst GPs understood why patients want to see their GP, but noted that even before the pandemic, doctors were unable to see every single patient when they wished to be seen, except on an urgent basis. He advised that in order to cope with the demand for routine appointments there were other teams in the practices to assist with this including practice based physiotherapists, mental health practitioners and social workers. He stated that their work was invaluable in helping patients based on their particular need as they provided an excellent level of expertise and a phenomenal knowledge of all the services available to patients in the community and voluntary sector.

He stated that a positive element of the telephone triage service was the ability to direct patients appropriately and to ensure they were provided the proper care whilst also carrying out face-to-face appointments in a safe environment for both patients and staff.

Page 136

Dr Molloy referred to the telephone triage system in GP practices and stated that some patients who found it difficult to access a suitable appointment time preferred to be contacted by telephone. He stated that the use of video calls was more suited to a very targeted group of patients and was available on request. He advised that if a patient was unable to send a photo or video, that usually generated the need for a face-to-face appointment. He stated that a telephone consultation did not replace the personal service provided by a face-to-face consultation. He further stated that going forward, a hybrid model was being considered in GP practices as the phone model suited some but not all, particularly the elderly.

Continuing, Dr Molloy advised that any patient who contacted a surgery and did not wish to give details of their specific health issue to a receptionist, they could ask to speak to a doctor directly. He felt that it was reasonable that a patient should not have to tell the receptionist what was wrong with them if they did not wish to, although it did assist in triaging patients to the appropriate service. He referred to the LMC conference that recently took place and noted that GPs had reported that the old style face-to-face consultation and all the various benefits that go with it should continue. He advised that any person at home who had found something such as a breast lump or losing weight, should not be sitting at home waiting for Covid to be over, they must visit their doctor to avail of the treatment they may need. He stated that all social distancing guidelines were in place at doctor’s surgeries to ensure a very safe environment. He hoped that this would provide reassurance to those people petrified to leave their homes as they were afraid that they may catch the virus.

He referred to the Emergency Departments (ED) at local hospitals and advised that he and Dr Mullan were involved in a project called ‘No More Silos’, to attempt to streamline visitors to the ED. He advised that information on the project will be published in the coming weeks. He stated that the project focused on rather than a person presenting themselves at the emergency department in a hospital, there will be a telephone triage service to ensure that patients could only attend ED if it was necessary to do so. He advised that ambulatory pathways would be introduced, whereby instead of having to visit an emergency department, patients would actually go to an ambulatory care ward to be assessed by the appropriate physician/clinician. However, in the longer term more hospital beds were needed because even by trying to reduce who presented at ED, more elderly and vulnerable people would

Page 137 require hospital care. He stated that the situation had worsened with the pandemic adding that the Trust had been remarkably helpful and supportive, even with the pressures it was experiencing with Covid-19. He advised that he recently covered a particularly busy shift at the Covid Centre and was worried that the numbers were not decreasing as hoped. He stated that his colleagues working in ICU at Altnagelvin were under extreme physical and emotional exhaustion as between 5 and 10 of those visiting the Covid Centre would end up in the hospital, with half of those then transferred to ICU 2 or 3 weeks later. He advised that with ICU already at capacity and the average occupancy in ICU for a covid person was three to four weeks, he was concerned that difficult decisions would have to be made.

Councillor Gallagher welcomed Drs Molloy and Mullan to the meeting. He stated that it was important to note that this was not about being critical of the jobs carried out by GPs during an extremely difficult time. However, Elected Representatives have been regularly contacted by constituents regarding issues within the health system. He stated that the public viewed GP practices as part of the NHS and not as private practices. Therefore, they had a perception that when someone had received treatment for whatever given reason and they did not, they did not understand the internal processes involved. He felt that the perception by the public was that there were different levels of engagement, access and treatment at GP surgeries. He advised that a constituent felt that their medical care had been withdrawn due to being refused access to their doctor’s surgery because they were a frontline worker in a care facility. He felt that reports such as these had a negative impact on people throughout the city and district and had indeed, caused panic with some constituents. He suggested that a generic protocol be put in place regarding appointments and access to surgeries agreed among the practices.

In response, Dr Mullan stated that it would be physically impossible to have one protocol put in place that would be suitable for every practice. He advised that each practice had premises of different sizes with some only having one or two GPs. Therefore, each practice needed to come up with an individual system that helped manage the flow of demand from their patients. He stated that communication between GP practices and patients was important, however some practices had experienced difficulties in that regard. He noted that one of the clear benefits of the telephone triage system was the ability to direct a patient to the correct person for their appropriate needs. However, practices were experiencing difficulties in balancing the Covid with

Page 138 non-Covid demand, such as the blood work and sample taking for patients who were currently unwell and also managing the testing for patients with chronic diseases and long term conditions. He advised that those particular patients would have been familiar with the system prior to Covid. However, when they rang the surgery they were advised of the operational changes within the practice during the pandemic. He stated that it was the responsibility of an individual practice to ensure that patients were kept up to date with the relevant information. He further advised that patients with an issue or who felt let down should raise it with their practice. He concurred that patients did have a perception that they could not get an appointment with a GP, however once they telephoned the surgery they realised that was not the case. He stated that direct interaction with each practice must continue as there would be subtle differences between practices and assured Members that no practice would be obstructive to that. He stated that GPs were attempting to manage that demand whilst ensuring that it was managed in a safe way for both the patient and the practice.

Councillor Reilly thanked the doctors for giving up their time and for sharing their expertise and experiences with Members. He asked how Council could assist with the work being carried out at GP practices from a corporate perspective. He referred to comments by Dr Molloy on the necessity of communication, and asked how Council could assist in broadcasting the wider communication across the Council area regarding the impact on the changes of services. He stated that there were issues regarding the new ways of working in GP practices due to the pandemic, therefore it was important to ensure that patients were not left behind in terms of connectivity. He stated that there were still many areas throughout the city and district where people did not have those types of technology and connectivity. He extended his thanks to both doctors and to all doctors throughout the Derry and Strabane area and stated that although the changes have been stark for some people regarding access to GP services, everyone understood that frontline staff were doing their utmost with the unprecedented pandemic.

Dr Molloy stated that it was important to get a consistent message across. He referred to Councillor Gallagher’s statement regarding what people perceived whenever they see a service that was across the entire NHS. He stated sometimes GPs just encountered their own difficulties which may result in a poor service or what could potentially be seen as a poor service. He stated that if all GPs worked for the NHS

Page 139 and were employed by the Trust then it would be possible to have more control over the system. He hoped that individuals within each practice would be open for all services as they were still seeing non- Covid patients therefore, they should contact their practice if they were feeling unwell. GPs have had to make slight changes to their systems to establish if patients had Covid-19 symptoms and also limit the number of people than can be admitted to a waiting room due to social distancing guidelines.

Continuing, he suggested that Council could help by working with the Trust in terms of communications regarding the ‘No More Silos’ project. He stated that this would assist in informing people that before considering going to ED, there was a new method of telephone triage system to establish a patient’s needs.

Dr Mullan stated that Council support where there were likely to be changes would be helpful and that GPs would certainly engage with the Council on this. He stated that he hoped that Members would now be able to give some reassurance to their constituents, that although there may be different processes in place, that practices were still operational. He stated that when some patients presented themselves for treatment, other underlying concerns may become evident such as poverty, abuse or previous trauma. He felt that it was currently a very stressful time for people, particularly workers in the health and care sector and thanked Members for their appreciation. He stated that he also understood that it was a huge stress for people to get on with their daily lives. Therefore, helping people to live well during Covid was an important factor. He noted that whilst there were robust services within the community to support people to help them live well, the pandemic has had a dramatic impact on their health and wellbeing, particularly those in isolation. He stated that the Council and community services were crucial in providing the appropriate support and giving an overview on the situation. He expressed his thanks to Council for their assistance during this current, difficult climate. He stated that no matter what happened politically the message still needed to be that we must be on our guard, whether or not there were any relaxation of restrictions. He stressed that, until there were some definite outcomes regarding vaccines and safety, we are still in hugely uncertain times. He referred to the public health message around the simple things, distance, face and hand washing and stressed the importance of consistency with that message until it was confirmed that the country was Covid clear. However, in his opinion, he did not think this would be anytime soon.

Page 140

Alderman Hussey also thanked the doctors for attending the meeting. He stated that like others, he had expressed concern that people were not seeking medical attention because of Covid. He stated that those people needed reassurance that they can access medical treatment. He referred to Dr Molloy’s reference to Dr O’Hare, a well-respected GP in Castlederg. He stated that Dr O’Hare’s had commented after the recent passing of his father, ‘that Covid was something that we must learn to live with and get on with it.’ He asked the GPs if they had any comment on that statement as it had struck a key note with a lot of people.

In response, Dr Molloy stated that he was unaware of the comments by Dr O’Hare. He said that some people flitted between the notion of ‘we need to get on with it’ and ‘we need to be careful’. He stated that countries that had tried the let’s just go for it approach, such as Sweden, initially saw some success rates. However, the infection rates then increased dramatically, similar to this area. He noted that whilst Sweden’s economy had not suffered, the death rate was high. Therefore, Alderman Hussey’s question was almost impossible to answer.

He felt that the first wave of the virus had minimum impact on people here, therefore it was difficult to comprehend the impact of the second wave. He felt that when the first wave had ended, people collectively were somewhat irresponsible over the summer and had forgot about the techniques that were important to keep the rate of infection down. He felt that, in his opinion, this resulted in the high infection rate in Derry and Donegal due to cross-border traffic etc. He stated that he was well aware of the economic impact throughout the city and district due to the closure of businesses. However, a lot of people now had someone known to them that has died with the virus and felt that it was easier to flip from the economic argument to, what is one life worth. He stated that he has taken part in some preliminary discussions recently regarding the vaccine. He advised that even the delivery of the vaccine, if and when it becomes available, may prove difficult due to storage issues. He outlined that patients would require 2 injections, 2 weeks apart with monitoring for some time afterwards. He stated that this required double the area needed when practices administered the flu vaccination.

Alderman Devenney welcomed the doctors to the meeting to provide Members with a comprehensive update on an extremely difficult

Page 141 situation. He stated that they acknowledged the issues in the Strabane area regarding the lack of GPs even prior to the pandemic.

He referred to Dr Molloy’s comments and welcomed the clarification provided that if a patient did not wish to give details of their health issue to a receptionist, they could ask to speak to a doctor directly. He stated that some patients felt embarrassed to discuss personal issues with a receptionist. He concurred with previous speakers that there was a public perception that doctor’s surgeries were not taking appointments and believed that the message must be strengthened that doctors were available if needed. He stated that the Graduate Entry Medical School at Magee would alleviate some of the issues regarding GP recruitment however, it would be some time before this would be implemented. He referred to the winter flu vaccination programme and asked if the second batch of the vaccine had arrived at GP practices. He asked if there had been an increase of people wishing to have the vaccine and was it being offered to people who were housebound.

In response, Dr Molloy stated that there were difficulties regarding the flu vaccine for the over 65s and that the PHA had advised of unprecedented demand this year. He stated that this information had indicated a degree of success but also highlighted that people were worried that they would contract the flu as well as Covid-19. He reported that he recently received information from the PHA via the BMA that hopefully more of the vaccine should be available in the next week. He advised that, as in the previous year, if there were insufficient supplies of the vaccine for the over 65s, it may be possible to give them the vaccine for the under 65s. He stated that the majority of flu clinics took place in early October, therefore when a shortage of the vaccine had become apparent, most flu clinics had already taken place. He stated that most practices had not reported any issues on the matter. He advised that anyone who did not receive the vaccine at the flu clinic would be contacted to attend a ‘catch-up’ clinic. He stated that in December/January there would still be supplies of the flu vaccine available for anyone who wished to avail of it. He stated that in terms of patients at home, these would be treated by district nursing service and nursing home patients by the staff at that nursing home.

Dr Mullan stated that plans were in place in August regarding the programme for the flu vaccinations across the wider community with some practices amalgamating to offer the vaccination in schools. He stated that this initiative proved highly successful. He stated that every

Page 142 practice had to come up with a way to issue the flu vaccinations in as safe and effective a way as possible. He referred to Alderman Devenney’s comment regarding reception staff and advised that receptionist staff asked for details in order to help navigate them to an appropriate team member. However, if a patient felt uncomfortable or embarrassed, it was acceptable that they could speak directly to their GP. He stated that the information supplied by the receptionist was helpful and they were invaluable to the workforce by managing the flow of patients and the demand.

The Chair thanked Dr Molloy and Dr Mullan for taking the time to address the Health and Community Committee. He stated that their answers to Members queries and concerns were frank and comprehensive. He stated that the Committee Members and indeed, the vast majority of the public, were very aware of the unprecedented challenges and demands currently placed upon GPs. He hoped that burden would decrease in the very near future.

Chairperson’s Business

HC192/20 Condolences

The Chair, on behalf of the Committee, extended condolences to Alderman Maurice Devenney on the recent passing of his mother.

HC193/20 Mobile Phone Connectivity

Councillor Edwards thanked the Chair for permitting him to raise an issue regarding the lack of mobile phone connectivity in the wider Strabane area, particularly the Castletown and Urney Road areas. He stated that he has received numerous complaints from residents over a number of months on the matter and that 02 and Vodafone network providers were the most problematic.

Councillor Edwards Proposed, Seconded by Councillor Mooney

That Council writes to 02 and Vodafone regarding issues of mobile phone connectivity in the wider Strabane area, specifically Castletown and Urney Road.

Members agreed unanimously on the proposal.

The Committee

Recommended that Members approve to write to 02 and Vodafone regarding issues of mobile

Page 143 phone connectivity in the wider Strabane area, specifically Castletown and Urney Road.

HC194/90 Employees within the Hospitality Sector

Councillor Harkin referred to recent events at Stormont which would have an effect on people throughout the city and district. He stated that Executive Parties have had to make a number of decisions over the past week regarding the restrictions on the hospitality sector. He stated that the DUP were now using the cross-community vote to veto any proposals regarding the easing of restrictions. This has resulted in the health and financial wellbeing of our people being put at stake. He stated that the DUP were undermining their authority by not making decisions on the matter and that Council needed to be clear in their opposition to this. He felt that workers within the hospitality sector were being used as a political football by politicians and the management of larger hospitality venues. He stated that suddenly, the government had expressed concern about the livelihoods of staff within that sector. However, there was no concern expressed in previous years from Stormont or the larger hospitality sector regarding workers such as zero hour contracts, young workers being paid below the minimum wage, and a raft of workplace issues for those employed across the sector.

He proposed that the Committee writes to the Executive to state that Council stands in solidarity with the UNITE hospitality branch and that workers in the sector should not be used as a political football to score points.

He stated that it was important to ensure that the health and wellbeing of workers within the hospitality sector was put first. The UNITE branch wish for the re-opening of the hospitality sector in an orderly and phased manner. He stated that a recovery plan was also needed for the workers as there was nothing currently in place to protect them when they were required to return to work.

Councillor Harkin Proposed, Seconded by Councillor Reilly

That Council will write to the Executive standing in solidarity with the UNITE Hospitality Branch and hospitality workers. Hospitality workers should not be used as a political football by the Stormont Executive and by big hospitality bosses.

Alderman Devenney stated that he supported Councillor Harkin’s proposal. However, he stated that the DUP had debated the matter

Page 144 over the past number of days and it was trying to achieve a fine balance between health and the re-opening of businesses in a balanced way. He stated that Councillor Harkin needed to be careful in his tone of language as his party were attempting to accommodate businesses re- opening in a safe manner.

Councillor Duffy stated that Alderman Devenney was attempting to re- write the recent events at Stormont. She stated that the DUP wanted businesses re-opened and used a cross-community veto to block a paper issued by the Minister for Health and advice from the Chief Medical Officer and Chief Scientific Officer on the health implications of taking such action. She stated that Sinn Fein had opposed the recommendation for businesses to re-open and that the SDLP had abstained which she described as disgraceful and that the DUP needed to take responsibility for putting something on the table which had to potential to cause excess deaths. She also felt that the SDLP should have come off the fence on the matter.

The Committee

Recommended That Council will write to the Executive standing in solidarity with the UNITE Hospitality Branch and hospitality workers. Hospitality workers should not be used as a political football by the Stormont Executive and by big hospitality bosses.

HC195/20 Matters Arising from the Open Minutes of the Health and Community Committee held on Thursday 15 October 2020.

The Open Minutes of the Meeting held on 15 October 2020 (HC166/20 –HC184/20) were confirmed and signed by the Chairperson.

Matters Arising from the Minutes

HC196/20 Inappropriate use of Fireworks (HC171/20)

Alderman Hussey welcomed the comments made at the previous committee meeting. However, he noted that some of the concerns raised had been put forward by the Royal Society for the Prevention of Cruelty to Animals. He asked if there was a possibility that Officers could consider those suggestions put forward by the RSPCA and indicate if any of those suggestions could be implemented by Council.

Page 145 HC197/20 Pier at Newtownstewart (HC174/20)

Alderman Hussey requested an update on proposed repairs at the pier at a future Committee meeting. He stated that the former Chair of the Committee would be eager that the work was undertaken, particularly as a matter of health and safety at that facility.

Councillor Edwards echoed the comments on the matter by Alderman Hussey.

HC198/20 Land at Springhill, Strabane (HC180/20)

Alderman Hussey asked if Council had considered the possibly of a lease with an option to purchase contained within the agreement.

Councillor Edwards advised that it was his understanding that Council officers had approached the Springhill Community Association, stating that an agreement had been made to lease the land. However, it had been agreed at the full Council meeting on 29 October that Council would purchase the land and asked for clarity on the matter.

HC199/20 Playing Pitch Facilities (HC183/20)

Alderman Hussey concurred with the comments made by Councillor McHugh at the previous meeting on the matter. He expressed concern that no action had been taken and that there were a lot of recommendations within the strategy which he hoped would be followed through by Council. He referred to the shortage of provision in the Strabane rural area and that it was important that sports clubs had the proper facilities in order to keep people active. He stated that it was his understanding that flood drainage work had been carried out at Mitchell Park and asked if both pitches had re-opened for competitive football to take place. He also asked that in regard to Spamount, he understood that the changing room situation would be addressed and hoped this would be undertaken fairly quickly. He further queried if there were changing facilities at Vaughan’s Holm, Newtownstewart in Council ownership.

Continuing, he expressed concern regarding the lack of 3G and 4G provision and floodlighting to enable clubs in the area to take part in night time training for players and members. He asked if this could be considered within the overall strategy.

Page 146 In response, the Head of Community Development and Leisure suggested that he would ascertain the details on Alderman Hussey’s queries from the relevant officers and provide an appropriate response.

HC200/20 Everybody Active 2020 Programme Year 4 2019/2020

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 of the performance and outcomes of year 4 of the Everybody Active 2020 programme.

Councillor Mooney stated that it was evident from the report that a tremendous amount of work had been carried out in respect of the programme. He stated that a lot of results had been found by a lot of participants and that of the 12,345 people that had taken part in the programme, 1,325 had disabilities and 6,791 participants came from areas of high social need. He referred to the uncertainty of funding from Sport NI to continue the programme and proposed that the Committee write to Sport NI, or the relevant department, to ascertain if funding would become available to continue the programme. He stated that it was a worthwhile programme which had resulted in a lot of lifestyle changes for those who had taken part from throughout the city and district.

Councillor Mooney Proposed, Seconded by Alderman Devenney

That Members write to Sport NI or the relevant department, to ascertain if funding would become available to continue the Every Body Active Programme.

Councillor Logue thanked officers for the report and stated that it had been a very quick four years since the implementation of what she described as a very successful programme. She noted that the majority of targets had been reached with some actually being exceeded which was certainly to be welcomed. She stated that a review was carried out on all programmes to ascertain the success rate and that Council can be in no doubt that this programme was a great success. She stated that this and similar projects should continue to be funded for a further term and supported the proposal from Councillor Mooney.

The Committee

Page 147 Recommended that (i) Members endorse the outcomes from the programme; and (ii) Council write to Sport NI or the relevant department, to ascertain if funding would become available to continue the Every Body Active Programme.

HC201/20 Covid-19 Access to Food Programme

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 response to the Covid-19 crisis under the Access to Food Programme.

Alderman Devenney welcomed the report. He stated that the Head of Community Development and Leisure had outlined the issues and the fact that it was the responsibility of the Local Growth Partnerships to allocate the funding and endorsed the recommendation within the report.

Councillor Ferguson welcomed the report and the funding of £82,000. She expressed her apprehension regarding Faughan and Waterside being categorised as one area and she had raised it previously with officers who advised that the urban areas had one worker each and that a facilitator was appointed 20 hours to cover both the Waterside and Faughan areas. She stated she understood that it was a finite budget that had to cover a wide area, particularly the Sperrin and the Derg DEAs where there was no previous provision provided. She further stated that many people from rural communities were too proud or were not aware to ask for help, therefore it was important to branch out and communicate to those areas. She felt that the Department for Communities (DfC) should be asked to consider having an individual worker for the Faughan DEA and more rural areas to tackle rural isolation and food poverty as many people from those areas were reluctant to come forward.

Councillor Burke thanked the officers for the report. She stated that Sinn Féin was happy to endorse the proposal to allocate the funding for the Access to Food Programme. She stated that it was vital for those experiencing hardship across the entire city and district and welcomed that people would be receiving assistance. In relation to the

Page 148 wrap around approach being taken, this was welcomed as it was key to providing the meaningful change and help for constituents within the communities. She stated that she was aware that Members of the Committee had recently received an email from the Outer West Family Support Hub regarding the allocation of the facilitators of the budget for the Foyleside DEA Access to Food Programme. She stated that it was her understanding that this group delivered the previous food programme and expressed concern that the Foyleside LGP had not had the opportunity to have a dedicated discussion regarding the programme, including the facilitator’s budget issue. She stated that she was confident that Council officers would clarify the matter and it was her understanding that the group involved had raised the concerns with LGP but had yet to receive a response. She asked if officers could ensure that concerns can be addressed given the factors outlined.

In response, the Head of Community Development and Leisure stated that he was aware of the communication from the Outer West Family Support Hub. He referred to the report which outlined that the allocation was to each of the Local Growth Partnerships and advised that officers would will go back to each of those partnerships to seek clarification on the delivery plans of those partnerships. He advised that Council officers did not have a role to instruct anyone within those Local Growth Partnerships. However, if Members agreed, they would liaise with the Foyleside Local Growth Partnership and ask that the matter be discussed.

Councillor Burke thanked the Head of Community Development and Leisure for the response. However, she stated that whilst she appreciated the general rule that each LGP reached a consensus, she made reference to the Council’s code of practice towards the LGP regarding decision making and expressed concern that an opportunity was not given in this regard. She stated that she wished to ensure that proper process was being upheld.

The Chair stated that he wished to welcome the next speaker, Councillor Emmet Doyle as the new Aontu representative on Council.

Councillor Doyle stated that he sought clarification regarding the funding allocations outlined within the recommendations. He understood that there was a finite amount of funding available but asked if any work had been done in terms of identifying need as opposed to allocating funding across three different electoral wards.

Page 149 In response, the Head of Community Development and Leisure advised that he would provide Councillor Doyle with the exact detail of the funding model used. However, when Council previously made allocations of Grant Aid or funding of this nature, the advice services model had been used. He advised that the model ensured that funding was provided based on deprivation, population and rurality and allocating it to the eight Local Growth Partnerships.

Councillor Harkin stated that no matter how much funding was allocated by the Department for Communities (DfC) to this Council area it would be insufficient and would not address the poverty and deprivation throughout the city and district. In response to issues raised by Councillor Burke, he stated that the Executive had been recently criticised for handing out over £500,000 to windfarm companies that did not ask for it and that politicians were asked to resign, due to money in their bank accounts that they were unaware of. He stated that it been a very difficult and arduous process unfortunately in the Foyleside DEA to reach an agreement on the matter. However, an agreement had been reached and as previous comments had alluded to, it was not the responsibility of Council officers to dictate and intervene as it was the responsibility of the Local Growth Partnerships. He referred to the Community Resilience Plan implemented in March 2020. He advised that he and other Elected Representatives attended meetings to discuss criticisms and proposals on how to improve the plan based on frustrations expressed by people within the community resilience plan and those who were excluded. He welcomed that some of the recommendations made from those meetings had been taken on board. He welcomed that instead of creating a new system of food distribution, Council would access the food distribution that existed already in the district with groups such as Foyle Food Bank at the centre of the programme which made more sense from a strategic point of view. He suggested that Council officers note the issues raised, however, plans have been agreed in all of the DEAs which were currently being implemented.

Councillor Burke reiterated that she had proposed that Council ensured that due process was followed. She stated that she was in no doubt that great work has been carried out and it had been difficult to reach an agreement. However, a process was in place that must be followed and it was her understanding that agreement had been reached before concerns had been addressed and that everyone who wished to engage on the matter should have the opportunity to do so.

Page 150 Councillor Durkan stated that as a Foyleside Councillor she had engaged and worked with those involved in the Foyleside response who were responsible for the distribution of food boxes during the pandemic. She stated that as Councillor Harkin had stated, lessons were learnt from the first time. She advised that discussions, suggestions and criticisms had taken place and that everyone had the opportunity to engage. She stated that the plan was about using existing resources and being better prepared and how to put resources to better use; not about undermining anyone. She felt that as a Councillor and someone that engaged on the board that she was satisfied that due process was followed and the plan came out of a very inclusive, fair and participatory process and reassured Members that this was the case in terms of moving forward. She stated that whilst Council’s role was not to interfere, Members therefore must be mindful not to set a precedent in the matter.

Councillor Donnelly stated that he had made the point on a number of occasions that there was a significant section of the community who did not view the current structures or did not engage or participate in them. He felt that this debate had fuelled those views regarding gatekeeping and control. He stated that those who did not buy into the current structures, did so for legitimate reasons, however, they were also part of the community as ratepayers and Council should be reaching out more to facilitate those people.

Councillor Carr stated that he concurred with the sentiments expressed by Councillor Durkan. He stated that as a Councillor in the Foyleside DEA due process had taken place in the matter. He stated that people chose not to engage with the process from the beginning and it was clear from the communications to Council on the matter.

Alderman Guy concurred with the comments made by Councillor Harkin and welcomed the participation of Foyle Food Bank in the programme. He welcomed the more stringent process this time round as in March 2020, there were problems with distribution and families being excluded from the scheme. However, with the use of Foyle Food Bank and the Trussell Trust, Council was more equipped to deal with such situations.

The Committee

Recommended that Members approve the following allocations, subject to Letter of Offer

Page 151 confirmation from Department for Communities and confirmation of Lead Partners from each of the Growth Partnerships who will receive the Letter of Offer in the respective DEA/DEAs: Waterside/Faughan £11,300; Moor £7,100; Foyleside £7,100; Ballyarnett £7,100; Strabane/Sperrin/Derg £30,344; An allocation to Apex Living Centre £20,000.

HC202/20 Covid-19 Financial Inclusion Partnership 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 of the Covid-19 Financial Inclusion Partnership Fund proposal and for the allocation of funding to each of the advice agencies, subject to receipt of the Letter of Variance to the Community Support Letter of Offer from the Department for Communities (DfC).

Councillor Farrell thanked the Head of Community Development and Leisure for the report. He stated that there was clearly a definite need for enhanced advice services throughout the Council area, therefore, the additional funding was welcomed. He stated that the economic impact of Covid-19 had been severe with uncertainty of what the long term implications of this would be. He reported that in the last year, there were 2,300 extra people claiming unemployment benefits in this Council area. He stated that these people required free, impartial, professional advice regarding benefit entitlement, employment rights and redundancies. He expressed confidence that Advice North West, the Resource Centre and Dove House were more than capable of providing that much needed advice. He stated that he was conscious that the funding was only in place until March 2021 and the SDLP would be keen to ensure that these enhanced services were maintained after that date. He noted that this Council area had the highest rate of unemployed in the North of Ireland, the highest rate of sickness benefit claimants and pension credit claimants. This, coupled with the uncertainty of Covid-19 and in relation to Brexit in January 2021, strengthened the argument for a fully funded, permanent advice service. He stated that he endorsed the recommendation within the report.

Page 152 Councillor Duffy stated that as a Board Member of Advice North West, she had witnessed a significant increase in the work undertaken by the organisation, particularly during the pandemic. She stated that her Party welcomed the funding and thanked the Minister for Communities for her assistance.

Councillor Harkin stated that he also supported the recommendation within the report. He stated that as a Board Member on Advice North West, he fully understood how the employees were overwhelmed with the increase in demand. He stated that this was also true for the other advice service providers throughout the city and district and he noted that there were many other organisations that had attempted to assist due to the massive increase in poverty. He felt that, in his opinion, from previous discussions these issues had existed before the pandemic as a result of the implementation of welfare reform. However, it has become significantly worse due to the pandemic. He stated that advice service providers needed to recruit more staff to cope with the increase in people contacting them due to experiencing the harsh realities of redundancy, furlough, job security and a reduction in working hours. He added that these people were not aware of their basic employment rights or how to apply for assistance. He stated that whilst the funding was needed, he felt that it was not an anti-poverty strategy. He stated that in his opinion, it was an attempt to help those who were struggling with poverty and that any kind of strategy from the Stormont Executive or DfC that attempted to address the issues that give rise to the need for the expansion of advice services was currently out of reach. He stated that even with the additional funding, the workers would still be overwhelmed. He noted that a recent newspaper article had reported that almost 27% of children in this area were living in poverty which he described as disgraceful, with no plan to do anything about it. He emphasised the importance that an anti- poverty strategy needed to be implemented as soon as possible.

Alderman Devenney stated that the DUP supported the recommendation within the report. He commended all the advice service providers throughout the city and district who delivered a very vital service, particularly in pre-Covid times but yet again Covid had exacerbated the situation and had increased the workload of those providers.

Alderman Hussey welcomed the initiative and in particular the funding to Advice North West and hoped there would be considerable outreach, particularly to the rural areas, which was needed in these

Page 153 areas. He stated that the communication of the availability of the service would be very important within the overall funding package, also that there was knowledge distributed to the rural areas to those who needed it and details of when and where it would be available.

The Chair stated that he wished to add his support for the recommendation.

The Committee

Recommended that Members (i) approve the Covid-19 Financial Inclusion Partnership Fund proposal and (ii) approve the allocation of funding to each of the advice agencies as follows, subject to receipt of the Letter of Variance to the Community Support Letter of Offer from the Department of Communities: Advice North West, £57,796; Dove House, £11,935 and Resource Centre Derry, £2,330.

HC203/20 Electromagnetic Fields from 5G Base Stations

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 update Members on the results of an OFCOM survey of Radio Frequency Electromagnetic Fields (RF EMF) following an audit of a number of 5G base stations located across the UK.

Councillor Farrell thanked the Head of Health and Community Wellbeing for carrying out research and contacting OFCOM in relation to the matter. He noted that residents living within the vicinity of the masts needed reassurance that they presented no danger to their health or wellbeing. He noted that OFCOM had advised that there would be a cost of £1,000 for taking measurements at a base station mast. However, there would be no charge for testing for those base stations located close to schools if concerns were raised by those schools. He noted that the schools had been contacted on the matter and proposed that Council contact St Brigid’s College and St Paul’s Primary School, who were located in the vicinity of the mast at the Glengalliagh Road area of the city, to establish if they would be contacting OFCOM to have the mast tested. He stated that he was

Page 154 unsure of the location of the base station at Strand Road and if there were any schools in the immediate vicinity and asked officers to identify the location.

Councillor Duffy stated that when she had raised the matter in September there had been a huge interest in the local area and that residents of the area were fearful after a video had been circulated on social media stating that the mast was causing a danger to health. She suggested that Council agree to have the masts tested and did not believe that the cost was extortionate. She suggested that if testing could be carried out for free then proceed, however, they should be tested regardless as Council had a duty to those residents to give them some reassurance as to the safety of the mast.

Councillor Farrell Proposed, Seconded by Councillor Duffy

That Council contact St Brigid’s College and St Paul’s Primary School, who were located in the vicinity of the masts at the Glengalliagh Road, and Strand Road, to establish if they would be contacting OFCOM to have the mast tested. If this was not the case, Council should pursue having the measurements carried out at a cost of £1,000.

Councillor Ferguson asked if it was the responsibility of the school to request testing or could Council submit a request on their behalf. She welcomed the report and thanked the officers for all their work undertaken on the matter.

Councillor Farrell stated that it was important to get clarification on how close the schools needed to be to the masts and base stations to have them tested.

Alderman Guy indicated that the base station at Strand Road was located opposite B&M stores.

The Chair stated that he had also raised the matter at Council in 2019, and noted that his concerns on the matter had been somewhat allayed and the comments from Councillors Duffy and Farrell had addressed any further concerns he may have and therefore supported the proposal.

Page 155 Alderman Hussey stated that Council should record its disappointment that a body with a regulatory purpose was seeking to charge £1,000 for testing.

Councillor Doyle referred to the video that had been circulated some months back on social media which he described as a disgrace. He stated that whilst there were genuine concerns raised regarding the safety of the mast, Council must rely on scientific evidence and not the agenda of conspiracy theorists. He stated that the Committee had a previous discussion on food poverty and he did not think it was suitable to use ratepayer’s money on testing 5G masts as the result of a video. He stated that whilst Council had a duty of care to residents in the area, it should be mindful not to be pandering to conspiracy theorists.

Councillor Farrell stated that Council were not pandering to conspiracy theorists but were responding to genuine concerns raised by people who were afraid for their health and wellbeing after viewing the video that had been posted on social media. He felt that this method would prove the safety of the mast. He stated that he understood Councillor Doyle’s concerns regarding the testing costs, therefore it has been proposed to contact those schools from the area to establish if they were requesting to have the mast tested at no cost to the ratepayers.

The Committee

Recommended that Council contact any schools located in the vicinity of the masts at Glengalliagh Road and Strand Road area of the city, to establish if they would be contacting OFCOM to have measurements taken at the mast. If this was not the case, Council should pursue having measurements taken at the masts.

HC204/20 Grant Funding to Support Market Surveillance and Effective Implementation of the Northern Ireland Protocol, with respect to the supply of safe consumer products

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 seek Members’ approval of grant funding and associated agreement between the Secretary of State for

Page 156 Business, Energy and Industrial Strategy (BEIS) and Derry City and Strabane District Council (DCSDC), in order to support safety related surveillance of the consumer product marketplace and to ensure effective implementation of the Northern Ireland Protocol, past the end of the UK/EU transition period on 1 January 2021.

Alderman Guy stated that the UUP were totally opposed to the Northern Ireland Protocol and that the added costs were not helpful to Northern Ireland businesses and consumers. He queried if the Head of Health and Community Wellbeing felt that the £55,000 from 23 October 2020 to 13 March 2021 was adequate for staff and associated costs.

In response, the Head of Health and Community Wellbeing stated that the Environmental Health Departments within the eleven councils held discussions in relation to the funding. He advised that the general consensus was that the current level of funding allocated should be sufficient However, the level of funding beyond March 2020 was not confirmed and this will be kept under review if Members agreed to proceed.

Aldermen Guy and Hussey stated that they wished to abstain from the item.

Councillors Ferguson and Duffy endorsed the recommendation within the report.

In response to a query by Councillor Duffy if Aldermen Guy and Hussey were Members of the Committee, it was confirmed that Alderman Hussey was a Member.

Alderman Devenney noted that the DUP would also be abstaining.

The Committee

Page 157 Recommended that Members approve the grant funding agreement between Secretary of State for Business, Energy and Industrial Strategy (BEIS) and Derry City and Strabane District Council (DCSDC) in order to build capacity and capability for market surveillance in the DCSDC area during 2020/21.

Open for Information

HC205/20 Covid-19 Community Recovery Plans

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 provide Members with details of the Covid-19 Community Recovery Plans received from the eight Local Community Growth Partnership Boards.

Councillor Burke stated that she wished to place on record Sinn Féin's concern in relation to the issues that have arisen around the Foyleside proposal and the fact that no dedicated meeting of the Foyleside LGP had taken place to discuss the contents of the plan which is being presented to the Committee today. She stated that it was her Party’s understanding that two community organisations within the LGP had asked for a meeting to be held last week to try and gain consensus on the plan as they had their own suggestions of what could be added to the version that is before us today but to date this has not happened. She advised that the Sinn Féin Councillor on the Foyleside LGP has confirmed that this request was made and we are confident that the council officers and other Councillors on the LGP can confirm this.

She noted that she had already made reference to the Councils Code of Practice for LGP's regarding decision making and was aware of the Council's interpretation of the LGP Code of Practice around LGP’s reaching a consensus on proposals as the preferable option. However, if this is not achievable then a vote should be taken amongst LGP members. She expressed concern that on this occasion it appears that a vote was proposed on the Foyleside recovery plan before any final meeting was held. Apparently this was based on the presumption that a final consensus could not be reached on a recovery plan even though this had been achieved for the previous recovery plan earlier this year.

Page 158 Continuing, she felt that this had led to a number of LGP members not voting on the basis that they felt proper process had not been followed. These members later expressed their concerns in writing to both Council and the LGP but ultimately were told by Council officers that they could not force a meeting to be held. She stated that her Party did not believe this represented good governance and are also concerned that the Code of Conduct has no arbitration mechanism when a significant number of LGP members do not agree with how a process has been conducted. She stated that Sinn Féin are not asking for a response to these comments but would like them to be formally recorded in the minutes.

The Committee

Recommended that Members note the contents of the Covid-19 Community Recovery Plans for the 7 DEAs and Strabane Town.

HC206/20 EU Exit and NI Protocol: Imported food checks at points of entry/ports

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 update Members on the UK Governments approach to implementing the Northern Ireland Protocol and the work being carried out to prepare for the additional checks which may be required under EU law on agri-foods moving from Great Britain to Northern Ireland.

Councillor Logue stated that she wished to register Sinn Féin’s concern regarding news circulating from food industries such as Sainsbury’s that they had expressed concerned regarding food shortages in the coming months.

The Committee

Recommended that Members note the contents of the report, including the work being carried out to prepare for the additional checks which may be required under EU law on agri- foods moving from GB to NI.

Page 159

HC207/20 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. HC208/20 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.

The Committee

Recommended that Members note the contents of the report.

The meeting went into Confidential Business.

Page 160 Agenda Item 9 Title of Report: Officer Presenting:

Call-In C342/20 (BC146/20) Lead Legal Services Officer Author:

Lead Legal Services Officer

1 Purpose of Report/Recommendations

1.1 To advise Members of the process to be following in respect of the Call-in of item C342/20.

2 Background

2.1 At the meeting of the Council on Thursday 29th October 2020 the following motion was passed:-

That given the injustice of partition, that this Council will not celebrate and commemorate in any event in relation to the centenary of NI2021.

The vote was 27 for, 10 against and 0 abstentions.

2.2 On Wednesday 11th November 2020, the Chief Executive received a request that the decision be reconsidered pursuant to Sections 41(1)(a) and 41(1)(b) of the Local Government Act (NI) 2014. A copy of the requisition is at Appendix 1.

2.3 Where Call-In is received under Section 41(1)(b) of the Local Government Act (NI) 2014 the Chief Executive is required to obtain a legal Opinion from a practicing solicitor or barrister. Accordingly, an Opinion will have to be received from Counsel and this will be circulated to Members once received.

3 Key Issues 3.1 Where Call-In is received under Section 41(1)(a) of the Local Government Act (NI) 2014 of a decision of Council, Standing Order 21.5(3) provides that the Council shall refer the matter for further consideration at the next meeting of Council.

3.2 The Members who submitted the Call-In, or Member on their behalf shall be invited to address the meeting and shall have voting rights. The Council may: -

(a) Refer the decision for further consideration by a Committee where the subject matter of that decision falls within the remit of the Committee;

(b) Support the decision or;

(c) Overturn the decision. Page 161 3.3 Any vote taking in relation to a decision pursuant to a Call-In under Section 41(1)(a) of the Act shall be taken on the basis of a simple majority of those present and voting.

4 Financial, Equality, Legal, HR, Improvement, Rural Needs and other Implications 4.1 There are no financial implications associated with this report.

5 Recommendations 5.1 That Members reconsider the decision C342/20 (BC146/20) and either: -

(a) Refer the decision for further consideration by a Committee where the subject matter of that decision falls within the remit of the Committee; or

(b) Support the decision; or

(c) Overturn the decision.

Background Papers

 C342/20

 BC146/20

Page 162 Page 163 Page 164 Agenda Item 10 Title of Report: Officer Presenting:

Call-In C360/20 Author:

1 Purpose of Report/Recommendations

1.1 To advise Members of the process to be following in respect of the Call-in of item C360/20.

2 Background

2.1 At the meeting of the Council held on Thursday 29th October 2020 the following motion was passed:-

“That Council welcomes the recent launch of a cross-party Assembly Bill to tackle the climate emergency; notes points raised by Friends of the Earth in relation to the recent decision on sand dredging of Lough Neagh; further recognises Minister Mallon's statement that she commits to continuing to monitor the balance between the economic and environmental impact of sand dredging of Lough Neagh.

Council will write to the Minister outlining our Climate Emergency Declaration and Pledge. Council will invite representatives from Friends of the Earth and the Environmental Gathering, the Lough Neagh Partnership and the Quarry Products Association for a presentation on the ramifications of this decision.”

2.2 The Vote was 28 for; 4 against; 0 Abstentions.

2.3 On Friday 13th November 2020 the Chief Executive received a request that the decision be reconsidered pursuant to Section 41(1)(a) of the Local Government Act (NI)) 2014. A copy of the requisition is at Appendix 1.

3 Key Issues

3.1 Where Call-In is received under Section 41(1)(a) of the Local Government Act (NI) 2014 of a decision of Council, Standing Order 21.5(3) provides that the Council shall refer the matter for further consideration at the next meeting of Council.

3.2 The Members who submitted the Call-In, or Member on their behalf shall be invited to address the meeting and shall have voting rights. The Council may: -

(a) Refer the decision for further consideration by a Committee where the subject matter of that decision falls within the remit of the Committee;

(b) Support the decision or; Page 165 (c) Overturn the decision.

3.3 Any vote taking in relation to a decision pursuant to a Call-In under Section 41(1)(a) of the Act shall be taken on the basis of a simple majority of those present and voting.

4 Financial, Equality, Legal, HR, Improvement, Rural Needs and other Implications 4.1 There are no financial implications associated with this report.

5 Recommendations 5.1 That Members reconsider the decision C360/20 and either: -

(a) Refer the decision for further consideration by a Committee where the subject matter of that decision falls within the remit of the Committee; or

(b) Support the decision; or

(c) Overturn the decision.

Background Papers

 C360/20

Page 166 We, the undersigned, Councillors wish to exercise our right to use the Call-in Process in order to request Council reconsider the vote carried on October 29 regarding Ministerial approval of commercial dredging of Lough Neagh.

Ref; C360/20 Commercial Dredging of Lough Neagh

We wish to challenge the decision of Council under section 41(1) (a) of the 2014 Act.

We believe the decision of Council on this motion to be of great gravity. We believe it goes against the corporate position of the Council in support of the Climate Emergency Declaration and the subsequent Climate Pledge. The amendment to the original motion removed criticism of the Minister's decision; removed the critique of the Minister's decision by Friends of the Earth; removed the call for the Council to 'object' to the Minister's decision; removed the call for Council to support efforts to 'reverse' the Minister's decision. The same amendment added a new proposition on a different matter, proposing Council welcome a previously unmentioned Assembly Bill; by doing so, broadened the responsibility of the motion and added further burdens to it. Given this, we are challenging the admissibility of the amendment and the subsequent vote of Council.

Page 167 This page is intentionally left blank Agenda Item 12

Title of Report: Officer Presenting: Chief Executive Responses to Motions Author: Lead Democratic Services and Improvement Officer

1.0 Purpose of Report/Recommendations

1.1 To advise Members of correspondence received in relation to Motions passed by Council.

2.0.1 Motion – Academic Selection for Entry to Grammar Schools (C244/20)

At a Meeting of Council held on 23 July 2020 the following Motion was passed:

That this Council, in the best interests of the health and well-being of our young people, calls on those grammar schools within the City and District which have not yet suspended the use of academic selection as part of their entrance criteria for the school year commencing in September 2021 to do so immediately.

2.0.2 The following responses were received:

The Principal, Lumen Christi College – (Appendix 1) The Principal, Foyle College (Appendix 2).

2.1.1 Motion – Implementation of the Brexit Protocol in Ireland (C304/20)

At a Meeting of Council held on 24 September 2020 the following Motion was passed:

That this Council notes the potential catastrophic economic implications of a „no deal‟ on the Brexit negotiations on the Future Relationship;

recognises that while the Protocol on Ireland is imperfect, it guarantees that there will be no hard border on the island of Ireland, will protect the Good Friday Agreement in all its dimensions, North-South cooperation and the all-island economy;

that this Council writes to the British government and Executive Page 169 Departments acknowledging the potential negative impacts on people, communities and business in the council area;

noting the deep and profound fears outlined by the Derry Chamber of Commerce that local businesses feel insecure, unprepared and uninformed about any Brexit scenario come 31 December 2020;

further noting that these fears have been compounded by recent confirmation that the British Government intend to break international law and the terms of the Protocol on Ireland;

calling on the British Government to ensure the full and faithful implementation of the Brexit protocol on Ireland;

calling on the Ministers for the Economy and Agriculture, Environment and Rural Affairs to put in place mechanisms to mitigate any increased financial or bureaucratic pressures on local businesses, and outline plans to ensure that local businesses are confident and secure in the environment they are operating in.

2.1.2 The following response was received:

Minister of Justice, Department of Justice - (Appendix 3)

2.2.1 Motion – Development of Digital Hubs (C297/20)

At the Meeting of Council held on 24 September 2020 the following Motion was passed:

That as part of its economic recovery plan, that this Council asks the Assembly Executive to prioritise the development of „Digital Hubs‟ located in main urban and rural population centres to enable public and private sector workers, where appropriate, the ability work remotely and closer to home.

2.2.2 The following response was received:

Minister for the Economy (Appendix 4).

2.4.1 Motion – School Uniforms (C350/20)

At the Meeting of Council held on 29 October 2020 the following Motion was passed:

Page 170 That this Council supports the choice of students to wear trousers as opposed to skirts and vice versa as part of their regulation uniform. In this age of equality, fairness and indeed comfort, no child or young adult should be forced to wear an item of uniform which is traditionally gender related. This Council will make contact with all schools in the City and District of both primary and secondary level to encourage and promote that this choice be included in their uniform policy. Furthermore, to contact the Education Authority and Education Minister seeking their support in this matter.

2.4.2 The following response was received:

The Principal, Culmore Primary School (Appendix 5).

2.5.1 Motion – Raise Your Voice Project (C303/20)

At the Meeting of Council held on 24 September 2020 the following Motion was passed:

That this Council recognises the impact of misogyny on those affected by it and in particular its impact on career choices and personal lives of women, girls and non-binary people.

This Council recognises crimes targeted at women (including trans-women) as hate crimes based on misogyny. This Council supports the inclusion of misogyny as a category of hate crime. That this Council undertakes to make representations to Judge Desmond Marrinan‟s ongoing review of hate crime legislation accordingly.

That this Council supports the “Raise your Voice Project” and recognises the value of the work by this campaign and relevant partner organisations in raising awareness, tackling sexual harassment and sexual violence across the North.

2.5.2 The following response was received:

Judge Desmond Marrinan (Appendix 6).

3.0 Recommendation

3.1 Members are to consider the replies received and advise if any follow up action is required.

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FROM THE OFFICE OF THE JUSTICE MINISTER

Minister’s Office Block B, Castle Buildings Stormont Estate Ballymiscaw Belfast BT4 3SG Tel: 028 9076 5725 [email protected]

Our ref: CORR-1840-2020 Mr John Kelpie Chief Executive Derry City and Strabane District Council 98 Strand Road Londonderry BT48 7NN

30 October 2020

Dear Mr Kelpie,

Thank you for your correspondence of 9 October 2020 regarding the Motion passed by Derry and Strabane District Council on 24 September.

As you will appreciate, most of the issues raised in the Motion do not fall to my department and I understand that your letter has been circulated to Ministerial colleagues in a number of other departments.

I note the references to the Northern Ireland Protocol and acknowledge that there is continued uncertainty around how that will operate. Work is underway across my department to address the implications of the Protocol on justice outcomes.

We are working with other Departments, particularly the Department for the Economy, the Department for Infrastructure, and the Department for Agriculture, Environment and Rural Affairs to identify potential risks and develop mitigations to the challenges for justice raised by the Protocol.

Page 177 Working in partnership to create a fair, just and safe community where we respect the law and each other.

FROM THE OFFICE OF THE JUSTICE MINISTER

I have been clear that any economic shocks or disruption to trade as a result of EU Exit not only risk a considerable negative impact on business and our wider community, but also have the potential to be exploited by organised criminality.

I realise that this response does not address all of the issues raised by the Motion, but I hope that you find it helpful.

Yours sincerely

NAOMI LONG MLA Minister of Justice

Page 178 Working in partnership to create a fair, just and safe community where we respect the law and each other.

From the Office of the Minister Diane Dodds MLA

Mr John Kelpie Netherleigh Chief Executive, Derry City and Strabane District Council Massey Avenue Belfast BT4 2JP [email protected] 02890 529202 email: [email protected]

Our Ref: CORR-4938-2020

Your Ref: TJ/C297/20

5 November 2020

Dear John,

Derry City and Strabane District Council Motion – ‘Digital Hubs’

Thank you for your correspondence dated 9th October 2020, addressed to the First Minister and deputy First Minister, regarding the development of ‘Digital Hubs’ within urban and rural population centres. This correspondence eventually made its way to my Department for a response, hence the delay.

You have reported that the motion for this proposal was passed at a Council meeting on 24th September. As such, it is unclear whether this motion relates to the period of the current Covid-19 pandemic, or if this is a longer term proposal.

The Executive policy throughout the time of this public health crisis has been to advocate that where people can work from home, they should. This has resulted in the provision of modern and suitable Information Technology equipment and software for tens of thousands of workers across the public and private sectors, with only those that are required to attend their place of work, being asked to do so.

I firmly believe that these enforced actions have changed the working environment landscape forever, especially for workers who can and have been working remotely and from their own homes. Although much too early to be certain, there are indications that this new way of working can have regional economic benefits, especially for our towns and cities out with Belfast.

As you will understand, my immediate economic focus and that of my Executive colleagues at this time, is on supporting the businesses, people and places most heavily impacted by the Covid-19 pandemic, and creating a foundation on which to promote economic recovery and deliver a greener, competitive and inclusive economy.

Beyond this, I will be bringing forward a longer-term vision for the economy, which will set out the economic policy objectives that demonstrate how we will seek to drive economic growth and prosperity for the benefit of all people across Northern Ireland.

Page 179 My Department will work with key partners including our Local Councils, private sector, business representative organisations, Voluntary & Community sectors and academia as we move towards development and implementation.

Yours sincerely,

DIANE DODDS MLA Minister for the Economy

Page 180 From: C MCMENAMIN [mailto:[email protected]] Sent: 18 November 2020 16:13 To: Chief Executive Subject: School Uniform Culmore PS

Good afternoon Mr Kelpie,

My name is Clare McMenamin and I am the Principal of Culmore Primary School.

I have just received your letter regarding pupils wearing trousers to school despite their gender. I think that this is a fantastic move forward for girls and young ladies in schools nowadays. Our school has always allowed girls to wear trousers as part of their uniform so this is really nothing new for us but I am delighted that it will hopefully be an option for others moving forward.

Sincere thanks,

Clare McMenamin

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Judge Desmond Marrinan Telephone: 02890 261391 Email: [email protected]

Mr John Kelpie Chief Executive Derry City and Strabane District Council (By Email)

Your Ref: TJ/C303/20

20 November 2020

Dear Mr Kelpie

Independent Review of hate crime legislation in Northern Ireland

Thank you for your letter of 9 October and the follow up letter of16 November 2020 in which you advised that at the meeting of Derry City and Strabane District Council held on 24 September 2020 the Council passed a motion recognising the impact of misogyny on those affected by it, and that the Council supports the “Raise Your Voice Project” and the value of this campaign in raising awareness of and tackling sexual harassment and sexual violence across the North.

I apologise for the delay in replying, but I would advise that both of these letters only came into Knockview Buildings in the last few days and as both and I my staff have been periodically working from home we have only had sight of them today

The consultation period for responses to my initial report closed on 1 May 2020, although we did accept a few after that date. I note the comments made by the Council, but I regret it is now much too late to capture them formally in my final report as it is now written and with the printers. However, very similar points have been made by other Councils and I hope you will be reassured to know that these issues have been fully taken into account in the drafting of my report.

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I am sorry this response cannot be more helpful.

Yours sincerely,

Signed

Desmond Marrinan

Page 184 Agenda Item 13

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 Carlow County Council outlining a resolution adopted by their Council (Appendix 1) in relation to Mother and Baby Homes in Ireland.

3 Recommendations

3.1 In accordance with Council procedures, this resolution will be treated as a matter for information to be noted, and only discussed if the majority of Members agree to such discussion.

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Sealing List November 2020

Documents Sealed 26 November 2020

Grants of Right of Burial in Ballyoan Cemetery

Mr Colin Hanna, 25 Grangewood Drive, Kilfennan, BT47 5WN Mr Andrew Gardiner, 27 Abbeydale, L’derry, BT47 6YY Mr David Brown, No. 1 Marlow Park, Bangor, County Down, BT19 6NL Mrs Phyllis Adams, 18 Canterbury Park, L’derry, BT47 6DU Mrs Cherry Williamson, 3 Rushcroft Drive, L’derry, BT47 5WD Mrs Hazel Hamilton, 19 Esker Gardens, L’derry, BT47 6TN Mr Freddie Breydin, 15 Millbrook Gardens, Castlederg, County Tyrone, BT81 7DF Mrs Doreen Campbell, 102 Canterbury Park, L’derry, BT47 6DU Mr James Campbell, 40 Rossdowney Avenue, L’derry, BT47 5PP Mr William Dougherty, 30 Curryfree Road, L’derry, BT47 3UH Mr Lee Kennedy, 2 Templetown Park, Maydown, BT47 6TZ Mr Michael Heaney, 57 Rushall Road, Ardmore, L’derry BT47 3UG

Grants of Right of Burial in City Cemetery

Ms Caoimhe McGowan, 1 Ardfoyle, Bishop Street, Derry, BT48 6NJ

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