Committee Reports::Annual Report of the Joint Committee on Environment and Local Government, 2002-03::04 February, 2004::Appendix

Members Present: Deputies Bernard Allen, Michael Collins (in substitution for Seán Haughey), John Cregan, Ciarán Cuffe, Noel Grealish, Jackie Healy-Rae, Billy Kelleher, Padraic McCormack, John Moloney and Séan Power; and Senators: James Bannon, Cyprian Brennan, Michael Brennan and Michael McCarthy.

Deputy Seán Power, proposed by John Cregan and seconded by Michael Collins was elected as Chairman and took the Chair accordingly.

Deputy Jackie Healy-Rae, proposed by John Cregan and seconded by John Moloney was elected as Vice-Chairman.

The Chairman informed the meeting that the Working Group of Committee Chairmen would meet next week to allocate meeting slots for committee meetings.

The Chairman drew Members’ attention to the draft work programme that had been forwarded to Members. He requested that matters for inclusion be forwarded to the Clerk for inclusion in a new draft which could then be agreed at the next meeting. In the brief discussion that followed requests were made for the National Spatial Strategy and the subject of Nitrates to be added to the work programme.

The Committee agreed that this subject would be included on the agenda for every future meeting of the Committee.

Joint Committee on the Environment and Local Government

Minutes of Meeting

Wednesday, 27 November 2002

The Joint Committee met in Committee Room 3, Leinster House, 2000 at 4.45 p.m. and agreed to go into private session.

Members Present: Deputies Bernard Allen, John Cregan, Ciarán Cuffe, Éamon Gilmore, Noel Grealish, Seán Haughey, Jackie Healy-Rae, John Moloney and Séan Power (in the Chair); and Senators: Cyprian Brady and Michael Brennan.

It was agreed that the following items would be added to the Committees work programme.

(i)Meeting with the Minister for the Environment and Local Government to discuss his plans and priorities for the coming year particularly in view of the publication of the National Spatial Strategy.

(a)Reform of local government particularly in view of the local elections due in 2004.

(b)Provision of playgrounds particularly with regard to public liability insurance.

The Radiological Protection Institute of Ireland and particularly its role in relation to Sellafield.

It was further agreed that the work programme as amended would be incorporated into the minutes of the meeting and agreed at the next meeting of the Joint Committee.

The Committee noted the list of documents received since the dissolution of the 28^th Dáil. It also agreed that Members would be sent a list of all documents received by the committee secretariat and that Members may then request individual items of documentation.

The Committee noted its receipt of documents considered by the Sub Committee on EU Scrutiny. It agreed that documents considered by that sub-committee be forward to the Chairman and that the schedule of documents to be scrutinised by the sub-Committee be forwarded to all Members of the Joint Committee.

The Committee agreed that two Members of the Committee, one from the Government side and one form the opposition side, accept the invitation to travel to Switzerland to study waste management and waste water treatment. Members were informed that the cost per Members is approximately €1400. The Members will be accompanied by a Clerk.

The Chairman informed the Committee that the Licensing of Indoor Events Bill 2001, would be considered by the Select Committee, before Christmas, at a date to be confirmed.

Appendix

Work Programme for the Joint Committee on the Environment and Local Government

The main areas in which the Committee will concentrate its activities are listed below. While seeking to be reasonably comprehensive the Committee recognises the need for a degree of flexibility in the work programme to allow for adjustment, if necessary, in order to consider any new issues that may arise.

The Joint Committee wishes to meet with, at the earliest opportunity, the Minister for the Environment and Local Government to discuss his plans and priorities for the coming year particularly in view of the publication of the National Spatial Strategy.

(iv)Matters relating to the Office of the Director of Telecommunications Regulation

(iii)Reform of local government particularly in view of the local elections due in 2004

(iv)Provision of playgrounds particularly from the viewpoints of funding and public liability insurance.

(i)Proceedings taken by Ireland under

aThe OSPAR Convention; and

bUNCLOS

in relation to the operation of the Sellafield Plant.

(ii)The role of the Radiological Protection Institute of Ireland particularly in relation to the Sellafield Plant.

Matters relating to EU documents will be referred from time to time to the Committee.

10.Consideration of Statements of Strategy under Public Service Management Act:

The Committee is required under its Orders of Reference to consider the Strategy Statements of the Department of the Environment and Local Government and of the bodies under its aegis. The Committee will select aspects of these statements on an ongoing basis and will report on the progress made by the Department and the bodies in relation to the achievement of their aims and objectives.

The Committee shall participate in conferences and fact finding missions relevant to subject matters, falling within the orders of reference of the Committee, as it sees fit.

The Committee shall meet delegations from counterpart committees of other parliaments.

Matters relating to the Select Committee

(i)Licensing of Indoor Events Bill, 2001 [referred to the Committee and due to be considered before Christmas]

International agreements and motions may be referred to the Committee from time to time.

Joint Committee on the Environment and Local Government

Minutes of Meeting

Tuesday, 17 December 2002

Members Present: Deputies Bernard Allen, John Carty (in substitution for John Cregan), Ciarán Cuffe, Éamon Gilmore, Seán Haughey, Jackie Healy-Rae, Billy Kelleher, John Moloney and Seán Power (in the Chair); Senators: James Bannon, Cyprian Brady and Michael Brennan.

The minutes of the previous meeting of 27^th November 2002 were agreed. The Chairman informed the Committee that the Work Programme for 2003, in accordance with the Committee’s Orders of Reference, would be laid before both Houses.

The Committee agreed that it would meet, in Dublin, with the Committee on Local Government, Regional Development and the Environment of the Parliament of the Czech Republic and that a letter to that effect would issue.

3)EU Framework Decision on the Protection of the Environment through Criminal Law

The Minister for State outlined the background to the framework and following a question and answer session the Committee sent the following message to both Houses of the Oireachtas:- “The Joint Committee on the Environment and Local Government has completed its consideration of the Motion concerning an EU Council Framework Decision on the Protection of the Environment through Criminal Law.”.

The Committee agreed that the Select Committee would consider Committee Stage of the Licensing of Indoor Events Bill on 14^th and 15^th January, 2003.

Joint Committee on the Environment and Local Government

Minutes of Meeting

Thursday, 30 January 2002

Members Present: Deputies: Bernard Allen, John Cregan, Ciarán Cuffe, Éamon Gilmore, Noel Grealish, Seán Haughey, Jackie Healy-Rae, Billy Kelleher, Padraic McCormack, John Moloney and Seán Power; Senator Michael Brennan.

Also in attendance: Mr. Martin Cullen T.D., Minister for the Environment and Local Government.

The Committee agreed that one Member, to be accompanied by a Clerk, would attend this conference in Ljubljana, Slovenia on 6^th — 7^th February 2003.

It was agreed that the Committee would be represented by four Members plus the Chairman at this conference, which will take place from 23^rd — 26^th March 2003, in Philadelphia, Pennsylvania. The delegation to be accompanied by a Clerk.

It was also agreed that on this occasion the delegation would travel economy class.

3)Meeting with Mr. Martin Cullen, T.D., Minister for the Environment and Local Government.

The Minister addressed the Committee and dealt with a number of issues, namely, environmental protection, nuclear safety, planning, urban renewal, housing, local government and heritage matters. There followed a question and answer session during which all Members present contributed. Afterwards the Chairman thanked the Minister and his officials for meeting with the Joint Committee.

Joint Committee on the Environment and Local Government

Minutes of meeting, Wednesday, 5 February, 2003

Also in attendance: Mr Dick Roche, T.D., Minister of State at the Department of Foreign Affairs, Deputies Mildred Fox, Liz McManus and Billy Timmins; and Senator Shane Ross.

The minutes of the last meeting of the Joint Committee, 30^th January, 2003 were agreed.

The Joint Committee heard separately from representatives of four organisations, namely, Cement Roadstone Holdings Ltd, Wicklow County Council, the Eastern Regional Health Authority and An Taisce. Each presentation was followed by a question and answer session. Some questions were not answered fully and to members’ satisfaction due to the possibility of interference with future court proceedings. Consequently the Committee agreed to invite the different organisations to meet with them again when proceedings emanating from the inquiry by the Garda Síochána, the investigation of the County Council and that of CRH had been concluded.

Joint Committee on the Environment and Local Government

Minutes of meeting, Wednesday, 19 February, 2003

Members Present: Deputies: Bernard Allen, John Cregan, Ciarán Cuffe, Éamon Gilmore, Noel Grealish, Seán Haughey, Jackie Healy-Rae, Padraic McCormack, and Seán Power (in the chair); and Senator Cyprian Brady.

The minutes of the previous meeting of the Joint Committee held on 5^th February, 2003 were agreed.

Repak Ltd., represented by Mr Andrew Hetherington (Chief Executive), Mr Maurice Pratt, Mr Darrell Crowe and Mr Tony O’Brien, made a presentation to the Joint Committee. They outlined the background to their work, their current aims and particular problems that they expect to face in the future. In the question and answer session that followed number of topics were referred to, namely, the problems caused by Ireland’s geographical location and the make up of our population, the way in which the re-cycling of materials should be funded and the way in which the markets for re-cycables could be stimulated. Following the question and answer session the Chairman thanked the delegation.

The Chairman referred to a letter from A1 Waste inviting the Committee to visit their facility in Kerdiffstown, Co. Kildare. The Committee, on the basis that it had already given some consideration to the subject of illegal dumping and that it has a comprehensive work programme for 2003, agreed to decline the offer for the moment.

The Chairman informed members of the Select Committee that it would meet on Wednesday 19^th March, 2003 in order to consider Committee Stage of the Motor Vehicles (Duties and Licences) Bill.

The Joint Committee adjourned at 3.57 p.m. until 2.30 p.m. on Wednesday 5^th March, 2003.

Joint Committee on the Environment and Local Government

Minutes of meeting, Wednesday, 5th March, 2003

Also in attendance: Deputies Johnny Brady, Michael Collins, Jimmy Deenihan (in substitution for Padraic McCormack for part of the meeting), Martin Ferris, Michael Moynihan and Dan Neville; and Senator Michael Finucane.

The minutes of the previous meeting of the Joint Committee held on 19^th February, 2003 were agreed.

The report was agreed and the Chairman informed the meeting that the report would be laid before both Houses.

(i)COM (2002) 581 — Proposal concerning the quality of bathing water: The Committee agreed that further scrutiny of this document was required and it was further agreed that as a first step that the relevant officials from the Department of the Environment and Local Government would be invited to come before the Committee.

(ii)COM (2002) 642 — Proposal amending Regulation (EC) No 2037 2000: The Committee agreed that no further scrutiny of this document was required.

Mr Michael Cranny and Mr Alan Craig addressed the Committee and firstly explained that the designation of S.P.A.s was necessary in order to conform with an EU Directive. Failure to do so will, in time, result in fines of up to 20,000 Euros per day. In the question and answer session that followed a number of specific concerns were expressed by Members, namely, the prevention of the development of wind farms and afforestation projects, the lack of compensation paid to the landowners affected and the potential for the devaluation of lands in areas that have been designated as special protection areas.

The Committee agreed to Deputy Jackie Healy-Rea (Vice — Chairman) taking the Chair from 4.21 p.m. to 4.58 p.m.

(i)The Committee agreed to meet, on 3^rd April, 2003 with representatives of landowners in West Limerick affected by the designation of lands as S.P.A.s.

(ii)The Chairman reminded Deputies that a meeting of the Select Committee would take place on Wednesday 19^th March, 2003.

Joint Committee on the Environment and Local Government

Minutes of meeting, Wednesday, 2nd April, 2003

Members Present: Deputies: Bernard Allen, John Cregan, Ciarán Cuffe, Seán Haughey, Jackie Healy-Rae, Billy Kelleher, Padraic McCormack, and Seán Power (in the chair); and Senators James Bannon, Cyprian Brady and Michael Brennan.

Also in attendance: Deputies Michael Collins, Martin Ferris, Michael Moynihan, Gerry Murphy and Dan Neville; and Senator Michael Finucane.

The minutes of the last meeting of the Committee, held on 5^th March, 2003 were agreed.

The Committee met with a delegation from the Committee for Public Administration, Regional Development and Environment of the Parliament of the Czech Republic. The matters discussed included Ireland’s experience as an EU country, particularly with regard to the payment of Structural Funds; the development of the agricultural sector; de-centralisation / regionalisation policy; and the challenges and opportunities to be faced by EU enlargement. The leader of the visiting delegation also extended an invitation to the Joint Committee to visit the Czech Republic.

The visiting delegation consisted of representatives of wind farm and forestry developments and owners of turf producing bogland. They highlighted:- the need for consultation to be instigated by Dúchas with land owners on a one to one basis prior to the designation of lands as S.P.A.s; the need for Dúchas to prove scientifically that particular lands are worthy of being designated as S.P.A.s; the need for the introduction of a proper compensation package for those adversely affected by the designation of their land as an S.P.A.; and the need for clear and unambiguous guidelines, on the matter, to be issued by the Minister for the Environment and Local Government. In the round-table discussion that followed members agreed with the views expressed by the visiting delegation.

The Joint Committee expressed its sympathy with Deputy Noel Grealish on the recent death of his brother, Murty.

The Joint Committee adjourned at 5.12 p.m. until Wednesday 16^th April, 2003 at 2.30 p.m.

Joint Committee on the Environment and Local Government

Minutes of meeting,

Wednesday, 16th April, 2003

Members Present: Deputies: Bernard Allen, John Cregan, Eamon Gilmore, Noel Grealish, Seán Haughey, Billy Kelleher, John Moloney and Seán Power (in the chair); and Senators James Bannon, Cyprian Brady and Michael McCarthy.

The minutes of the last meeting of the Joint Committee, held on 2^nd April, 2003 were agreed.

The Committee met with a delegation from the Chambers of Commerce in Ireland. In their presentation the delegation outlined their opposition to the situation as it currently stands, namely that it is inequitable and unfair against the business sector and that it was unsustainable in the long run. Most members took part in the round table discussion that followed during which the following issues were raised, namely, the introduction of service charges, the broadening of the rates base and a direct input from the Chambers of Commerce with each local authority on the rate to be set in every area. Finally they sought the views of the Joint Committee on the payments made by the Minister to the Local Government fund; they pointed out that they are considering making an approach to the Ombudsman regarding a breach of administrative procedures in relation to section 4 of the Local Government Act 1998; and failing that they may make a legal challenge.

Following the question and answer session the Chairman thanked the representatives of the Chambers of Commerce of Ireland for meeting with the Committee.

Joint Committee on the Environment and Local Government

Minutes of meeting, Wednesday,

14th May, 2003

Members Present: Deputies: John Cregan, Ciarán Cuffe, Noel Grealish, Seán Haughey, Jackie Healy-Rea, Billy Kelleher, John Moloney and Seán Power (in the chair); and Senators James Bannon, Cyprian Brady and Michael Brennan.

Apologies were received from Deputies Bernard Allen, Éamon Gilmore and Padraic McCormack.

The minutes of the previous meeting held on 16^th April, 2003 were agreed. Following on from the minutes it was agreed that the matter raised by the Chambers of Commerce of Ireland regarding a possible breach of section 4 of the Local Government Act by the Minister for the Environment and Local Government would be considered by the Committee following the meeting of Select Committee to consider the Revised Estimates.

It was agreed that one Member of the Committee would attend the Conference of Chairmen of Committees of Environment of EU Member States, the candidate countries and the EU Parliament to be held in Athens on 30 and 31 May, 2003. It was further agreed that he would travel economy class and be accompanied by a Clerk.

Officials from the Department of the Environment and Local Government along with a representative of the Environmental Protection Agency an expert from U.C.D. addressed the Committee on the proposed new Directive on Bathing Water. The officials detailed its contents and the implications for Ireland. Following a detailed question and answer session the Chairman thanked the witnesses for their presentation and the comprehensive manner in which they dealt with Members’ queries. The Committee welcomed the Directive but suggested that interested bodies, such as the Department of the Environment and Local Government, local authorities and the Department of Agriculture and Food analyse, in advance, the impact of implementing the proposal and make adequate financial provision for assisting those that are adversely affected.

The Committee noted the fact that the Sub-Committee on EU Scrutiny had considered these documents and had not referred them to the Joint Committee.

Joint Committee on the Environment and Local Government

Minutes of meeting,

Wednesday, 11th June, 2003

Members Present: Deputies: Bernard Allen, John Cregan, Éamon Gilmore, Seán Haughey, Jackie Healy-Rea, Billy Kelleher, John Moloney, Seán Power (in the chair) and Trevor Sargent (in substitution for Ciarán Cuffe); and Senators James Bannon, Cyprian Brady, Michael Brennan and Michael McCarthy.

The Committee agreed its report on the Proposal for a Directive of the European Parliament and of the Council concerning the quality of Bathing Water. The Chairman informed the Committee that the report would now be laid before both Houses.

The Committee agreed its report on the study of waste management and water treatment facilities in Switzerland. The Chairman informed the Committee that the report would now be laid before both Houses.

The Committee agreed that the Chairman would write to the Chambers of Commerce of Ireland and inform it that the Committee did not consider that the Government had been in breach of section 4 of the Local Government Act 1998.

The Committee heard a presentation from Ms Ailish Forde, Director General and Mr Jim Marshall, President of RGDATA during which they outlined their reasons for seeking that no amendment be made to the Retail Planning Guidelines. In the question and answer session that followed all Members expressed their support for the views expressed by the witnesses.

Senator Paul Coghlan prefaced his remarks with a declaration of interest in RGDATA.

(i)It was agreed that representatives of the Competition Authority would be invited to meet with Joint Committee to discuss aspects of the matters raised during the meeting with RGDATA.

(ii)Opposition was expressed to the proposal of the Select Committee to consider Committee Stage of the Protection of the Environment Bill 2003 next Wednesday 18^th June, 2003.

Joint Committee on Environment and Local Government

Minutes of Meeting

Wednesday 25^th June 2003

The Joint Committee met in Committee Room 3, LH2000 on Wednesday 25^th June 2003 at 2.32p.m.

Members present: Deputies: Bernard Allen, John Cregan, Eamon Gilmore, Noel Grealish, Sean Haughey, Sean Power (in the chair) Trevor Sargent; and Senators Cyprian Brady and Michael Brennan.

The following Members were in attendance pursuant to Standing Orders:- Deputies Niall Blaney, Dan Neville and Michael Noonan and Senator Michael Finucane.

The minutes of the meeting of 11^th June 2003 were agreed and signed with a correction in the name of Deputy Bernard Allen in place of Brian Allen.

Report of the Committee’s attendance at the meeting of Committees of the Environment of EEC States, the European Parliament and the Candidate Countries:

The Committee agreed the above report which had been circulated in advance. It was noted that the report would be laid before the Houses.

The Chairman welcomed Mr. Damien Clancy, Managing Director, Mr. Sean Garland and Mr. Pat Sweeney representing Aughinish Alumina to the meeting. Mr. Clancy made a detailed presentation on problems facing his operation in relation to the National Climate Change Strategy. Mr. Clancy and Mr. Garland responded to questions raised by the following Members. Deputies Allen, Gilmore, Neville, Noonan, Sargent and Senators Brennan, Finucane, and Brady.

The Chairman drew attention to the debate at Select Committee during the consideration of the ‘Protection of the Environment Bill, 2003 (Seanad) relating to waste management plans. It was agreed to write to all local authorities seeking the following information:-

The Chairman advised that consideration of the Strategy Statement of the Department of the Environment, Heritage and Local Government would take place at the next meeting of the Joint Committee scheduled for Wednesday 9^th July 2003.

There being no further business the meeting adjourned at 3.44p.m. until 9^th July 2003.

Joint Committee on the Environment and Local Government

Minutes of Meeting,

Wednesday, 9th July, 2003

Members Present: Deputies: Bernard Allen, John Cregan, Seán Haughey, Billy Kelleher, John Moloney, Seán Power (in the chair) and Trevor Sargent; and Senators James Bannon, Cyprian Brady and Michael Brennan.

2.Statement of Strategy of the Department of the Environment, Heritage and Local Government.

The Secretary General, Mr Niall Callan, made a presentation to the Joint Committee on the Department’s Strategy Statement for 2003 — 2005. There followed a question and answer session with the Members which covered all aspects of the strategy.

Joint Committee on the Environment and Local Government

Minutes of Meeting,

Wednesday, 23^rd July, 2003

Members Present: Deputies: Niall Blaney (in substitution for Jackie Healy-Rea), Seán Haughey, Billy Kelleher, Padraic McCormack, Paul McGrath (in substitution for Bernard Allen) John Moloney, Seán Power (in the chair) and Trevor Sargent; and Senators Cyprian Brady, Michael Brennan and Paddy Burke (in substitution for James Bannon).

Apologies were received from Deputies John Cregan and Éamon Gilmore and Senator Michael McCarthy.

(i)COM(2003)117 and COM(2003)199. The Joint Committee agreed to ‘note’ these documents and to inform the Sub-Committee on EU Scrutiny.

(ii)COM(2003)23. The Committee agreed that no further scrutiny of this document was required.

(iii)COM(2003)18 - which refers to sealed radioactive sources, COM (2003) 32 - refers to nuclear installations and radioactive waste and COM (2003) 219 — which refers to waste electrical and electronic equipment. It was agreed that consideration would be given to these documents later in the year.

Mr John Ducie, Mr David Owen and Mr Ian McQuiston addressed the Joint Committee on the need for the introduction of heritage trust legislation. A question and answer session followed the presentation at which all of the Members took part.

The Committee considered documentation received from Smart Waste Solutions Ltd. in which they requested that the Committee investigate a complaint against the Department of the Environment, Heritage and Local Government. The Committee agreed to await the outcome of the examination of the matter by the Comptroller and Auditor General to whom the matter had also been referred.

The Chairman informed the meeting that no extra funds had been allocated to Committee travel but that the process was ongoing.

Joint Committee on the Environment and Local Government

Minutes of Meeting Tuesday, 9^th September, 2003

Members Present: Deputies: John Cregan, Éamon Gilmore, Seán Haughey, Billy Kelleher, Padraic McCormack, John Moloney, Seán Power (in the chair) and Trevor Sargent; and Senators James Bannon, Cyprian Brady, Geraldine Feeney (in substitution for Michael Brennan) and Michael McCarthy.

Apologies were received from Deputies Bernard Allen, Noel Grealish and Jackie Healy-Rea.

The Members agreed the draft report of the conference which will now be laid before the Houses.

The Committee agreed that it would make a submission to the Department of Finance. It was further agreed, that as an initial step, it would meet with officials from the Department of the Environment, Heritage and Local Government along with representatives of the Environmental Protection Agency and the Economic and Social Research Institute.

The Chairman requested that Members forward to the Clerk matters that they wish the Committee to consider between now and Christmas. It was agreed that representatives of bodies concerned with planning issues would be invited to meet with the Committee; and also that housing / the homeless would be given priority.

(i)COM(2003)18 — It was agreed that the Committee would scrutinise this document and to that end it would meet with officials from the Department of the Environment, Heritage and Local Government.

(ii)COM(2003) 32 - It was agreed that the Committee would also scrutinise this document and to that end it would meet with officials from the Department of the Environment, Heritage and Local Government.

(iii)COM(2003)219 — It was agreed that no further scrutiny would be made of this document.

Joint Committee on the Environment and Local Government

Minutes of Meeting Thursday,

18^th September, 2003

Members Present: Deputies: John Cregan, Éamon Gilmore, Billy Kelleher, Seán Power (in the chair) and Eamonn Ryan (in substitution for Trevor Sargent); and Senators James Bannon, Cyprian Brady, Michael Brennan and Michael McCarthy.

The Joint Committee were given presentations from three organisations, namely, officials from the Department of the Environment, Heritage and Local Government; nominees of the Economic and Social Research Institute; and representatives of the Environmental Protection Agency. A question and answer session with the Members followed each presentation in which all Members present took part.

The Committee agreed to make a submission to the Department of Finance based on the presentations heard and on the issues raised during the question and answer sessions. It was further agreed that the report would be finalised at the committee’s meeting next week.

The Joint Committee adjourned at 2.20 p.m. until 11.30 a.m. on Tuesday 23^rd September, 2003.

Joint Committee on the Environment and Local Government

Minutes of Meeting Thursday,

23^rd September, 2003

The Joint Committee met in private session, in Committee Room 2, Leinster House, 2000 at 11.37 a.m.

Members Present: Deputies: John Cregan, Éamon Gilmore, Noel Grealish, Seán Haughey, John Moloney, Seán Power (in the chair) and Eamonn Ryan (in substitution for Trevor Sargent); and Senators James Bannon, Cyprian Brady and Michael Brennan.

Apologies were received from Deputies Bernard Allen, Noel Grealish, Padraic McCormack and Seán Power.

The Joint Committee were given a presentation by officials from the Department of the Environment, Heritage and Local Government and the Radiological Protection Institute of Ireland on two documents that had been referred to it. Both presentations were followed by a question and answer session.

The Joint Committee agreed that officials should meet again with officials when sites for the national storage facility have been suggested to the Minister for the Environment, Heritage and Local Government.

(ii)COM (2003) 32:- (a) Basic obligations and general principles on the safety of nuclear installations; and (b) the management of spent nuclear fuel and radioactive waste.

The Joint Committee agreed to await further developments at EU level on this document in view of the fact that discussions were at a relatively early stage and that the document that is finally agreed could vary greatly from what is currently being proposed.

It was further agreed, in relation to both documents, that the Department be informed of these decisions with a request that developments in relation to both documents be transmitted to the Joint Committee.

The Joint Committee considered the draft report that had been prepared following last week’s meeting. The draft report was agreed subject to minor alterations to paragraphs 2.2, 3.4, 4.4 and the deletion of 4.5.

Joint Committee on the Environment and Local Government

Minutes of meeting

15^TH October, 2003

Members Present: Deputies: Bernard Allen, John Cregan, Éamon Gilmore, Seán Haughey, Jackie Healy-Rea, Billy Kelleher, Padraic McCormack, Seán Power (in the chair) and Trevor Sargent; and Senators James Bannon, Michael Brennan and Michael McCarthy.

The Joint Committee agreed that the Chairman plus three members and a clerk would attend the UK Environment 2003 Conference in London on 28^th and 29^th October, 2003. It was acknowledged that an application for the necessary funds would have to be made to the Working Group of Committee Chairmen.

This document was referred to the Committee for further scrutiny. Is it agreed that the Joint Committee await developments at the EU Council before scrutinising the document further.

(ii)EU (2003) 333 — amendment of directives regarding persistent organic pollutants:

(iv)COM (2003) 402 — Amendment of the financial instrument for the Environment:

(v)COM (2003) 443 — Proposal for cooperation between national authorities responsible for the enforcement of consumer protection laws:

(vii)CFSP (2003) 472 — regarding the decommissioning of weapons of the Russian Federation.

(i) Planning:The Chairman confirmed that the committee meeting to discuss planning in rural areas would take place on Thursday 6^th November, 2003.

(ii) Scottish Parliamentarians:The Chairman informed members that parliamentarians from the Scottish Assembly would visit Ireland on Tuesday 4^th November, 2003 and that that an informal meeting with members of the Joint Committee would take place at 2.30 p.m. in Room 2, Leinster House.

(iii) Electronic Voting:It was agreed that the Minister for the Environment, Heritage and Local Government would be requested to meet with the Joint Committee to discuss electronic voting.

Joint Committee on the Environment and Local Government

Minutes of meeting,

6^th November, 2003

Deputies: Bernard Allen, John Cregan, Ciarán Cuffe (in substitution for Trevor Sargent), Éamon Gilmore, Seán Haughey, Jackie Healy-Rea, Billy Kelleher, Padraic McCormack and Seán Power (in the chair); and

Also in attendance: Deputies Johnny Brady, Joe Callanan, Jerry Cowley and Marian Harkin.

Each group made a presentation to the Joint Committee and each presentation was followed by a question and answer session with the Members. These question and answer sessions covered all areas of housing development in rural areas. A wide variety of opinions on a number of matters relating to the matter were aired from both Members and witnesses. At times the polarisation of opinions between witnesses and some Members was much in evidence.

Following the final presentation the Joint Committee agreed to discuss the subject again to consider reporting on the matter.

Joint Committee on the Environment and Local Government

Minutes of meeting,

25^th November, 2003

Deputies: Bernard Allen, Johnny Brady (in substitution for John Moloney), John Cregan, Éamon Gilmore, Seán Haughey, Jackie Healy-Rea, Padraic McCormack, Seán Power (in the chair); and Trevor Sargent.

Mr Martin Cullen, T.D., Minister for the Environment, Heritage and Local Government made a presentation to the Joint Committee on electronic voting. There followed a question and answer session with the Members during which various aspects of the system were commented on, namely, the security of the system, the absence of a paper receipt, tally reports, cost and source codes. Officials from the Department of for the Environment, Heritage and Local Government gave a demonstration of the Nedap System which was also followed by a question and answer session.

The Joint Committee adjourned at 4.56 p.m. until 4 p.m. on Wednesday 26^th November, 2003.

Joint Committee on the Environment and Local Government

Minutes of meeting,

26^th November, 2003

Deputies: Bernard Allen, John Cregan, Éamon Gilmore, Noel Grealish, Seán Haughey, Jackie Healy-Rea, Padraic McCormack, John Moloney and Seán Power (in the chair); and Senators Cyprian Brady and Michael Brennan.

The minutes of the meetings of the Joint Committee of 15^th October, 203 and 6^th November, 2003 were agreed.

The Joint Committee agreed the draft report subject to the following minor changes in section 9:-

(i)9.8 to read:- “The Joint Committee recommends that, where necessary, authorities cater for varying circumstances in different parts of a local authority area in its county development plan.”.

(ii)9.9 to read:- “The Joint committee recommend that there is a need to exercise a policy that allows for people native to a particular rural or urban area to continue to live in that area.”.

(iii)9.11 to read:- “The Joint Committee recommend that the availability and development of a community and social infrastructure should be central in the preparation of departmental guidelines.”.

It was agreed that a copy of the report would be forwarded to the Department of the Environment, Heritage and Local Government.

The Joint Committee agreed to invite representatives of the Derrybrien Landslide Action Group to meet with them.

The Joint Committee agreed to further examine this matter following its meeting with the Minister on 25^th November, 2003. It was agreed that:-

(a)Members would send to the Clerk questions to which they had not received a satisfactory reply the previous day for forwarding to the Minister;

(b)Reports on electronic voting would be obtained from the Department web site and forwarded to Members; and

(c)Experts on electronic voting and particularly those with knowledge of I.T. would be invited to meet with the Joint Committee.

Joint Committee on the Environment and Local Government

Minutes of meeting,

10^th December, 2003

Deputies: Bernard Allen, Ciaran Cuffe(in substitution for Trevor Sargent), Éamon Gilmore, Seán Haughey, Jackie Healy-Rea, Billy Kelleher, Padraic McCormack, John Moloney and Seán Power (in the chair); and Senators James Bannon and Michael Brennan.

The minutes of the meetings of 25^th November and 26^th November, 2003 were agreed.

The Chairman drew Members attention to the list of documents received in correspondence and in particular to a submission from Drumcondra 2005. It was agreed that the clerk would, on behalf of the Joint Committee, acknowledge receipt of the submission, note that the submission had also been forwarded to the Joint Committee on Transport and consequently inform them that it would not be examining the specific matters raised therein. The Chairman also drew the Joint Committee’s attention to a letter received from Deputy Éamon Gilmore regarding illegal dumping in Wicklow. It was agreed that this matter would be examined again in 2004.

Ms. Margaret McGaley, firstly, and Mr Shane Hogan and Robert Cochran addressed the Joint Committee and outlined the concerns that they had in relation to the introduction of electronic voting for the European and Local Elections in 2004. Question and answer sessions followed both presentations during which concerns were expressed relating to the lack of a verifiable audit paper trail; the lack of consultation with experts in computer software in Ireland; the lack of transparency with the source codes; and the possibility that the software employed could be tampered with so as to affect election results.

The Joint Committee agreed to discuss the matter again prior to The Christmas recess. It was agreed that the witnesses present at this Meeting, along with Joe McCarthy, who had submitted a report to the Joint Committee on the subject and Department officials including experts on the various aspects of I.T involved would be invited to attend.

The Joint Committee adjourned at 4.24p.m. until 10.30a.m. on Thursday 11^th December, 2003 at 11.30a.m.

Joint Committee on the Environment and Local Government

Minutes of meeting,

11^th December, 2003

1.The Joint Committee met in Committee Room 3, Leinster House 2000 at 11.38 a.m.

Deputies: John Cregan, Éamon Gilmore, Noel Grealish, Jackie Healy-Rea, Padraic McCormack, John Moloney and Seán Power (in the chair); and Senators Michael Brennan and Michael McCarthy.

Also, in attendance were:- Deputies Joe Callanan, Michael D.Higgins and Paddy McHugh; and Senators Ulick Burke and Michael Kitt.

The Joint Committee viewed a video and received an oral presentation from the Derrybrien Landslide Action Group during which grave concerns were expressed over the lack of compliance with the planning conditions set down for the windfarm development.

A delegation from the I.C.M.S.A. also addressed the Joint Committee during which they made certain policy proposals in relation to the development of wind farms.

A question and answer session followed each presentation during which it was suggested that the Joint Committee invite representatives from the organisations concerned with the planning and development of the Windfarm near Derrybrien be brought before the Joint Committee

The Joint Committee adjourned at 1.35p.m. until Thursday 18^th December, 2003 at 10.30a.m.

Joint Committee on the Environment and Local Government

Minutes of meeting,

18^th December, 2003

1.The Joint Committee met in Committee Room 4, Leinster House 2000 at 10.36 a.m.

Members Present: Deputies Bernard Allen, John Cregan, Ciarán Cuffe (in substitution for Trevor Sargent), Mildred Fox (in substitution for Jackie Healy-Rea), Éamon Gilmore, Noel Grealish, Seán Haughey, Billy Kelleher, Padraic McCormack, John Moloney, Michael Moynihan (in substitution for Seán Haughey for part of the meeting) and Seán Power (in the chair); and Senators Cyprian Brady, Michael Brennan, John Dardis (in substitution for Cyprian Brady for part of the meeting) and J.P. Phelan (in substitution for James Bannon).

The minutes of the meetings of 10 December, 2003 and 11 December, 2003 were both agreed.

The Joint Committee heard brief presentations from Mr Niall Callan, Secretary General, Department of the Environment, Heritage and Local Government and from Mr Joe McCarthy, a computer expert, on the introduction of electronic voting. There followed a question and answer session between Members of the Joint Committee and the officials from the Department, (who were accompanied by representatives of three companies, namely, Nedap, Groenendaal BV and Nathean Technologies), Joe McCarthy, Margaret McGaley and Robert Cochran - the last two who had also met with the Joint Committee on 10^th December, 2003.

Following the question and answer session the Joint Committee went, briefly, into private session to discuss its next course of action but agreed to return to public session.

Following discussion the Joint Committee agreed, after a vote, this amended motion:-

“The Joint Committee on the Environment and Local Government fully endorses the policy of the Minister for the Environment, Heritage and Local Government to introduce electronic voting; it further supports the introduction of electronic voting at next year’s European and local elections; it calls on the Minister to have in place arrangements to ensure that sufficient training of key personnel is undertaken; and that adequate training systems for the public are put in place.”.

(i)It was agreed that the Select Committee would consider Committee Stage of the Residential Tenancies Bill on Wednesday 21^st January, 2004 and that it would continue, if necessary, on Thursday 22^nd January, 2004.

(ii)It was agreed that the Joint Committee would meet on 7^th January, 2004 to consider EU documents.

APPENDIX 5

Joint Committee on the Environment and Local Government

Minutes of Inaugural Meeting

Wednesday, 13 November 2002

Joint Committee on the Environment and Local Government

Minutes of Meeting

Wednesday, 27 November 2002

Appendix

Work Programme for the Joint Committee on the Environment and Local Government

Matters relating to the Select Committee

Joint Committee on the Environment and Local Government

Minutes of Meeting

Tuesday, 17 December 2002

Joint Committee on the Environment and Local Government

Minutes of Meeting

Thursday, 30 January 2002

Joint Committee on the Environment and Local Government

Minutes of meeting, Wednesday, 5 February, 2003

Joint Committee on the Environment and Local Government

Minutes of meeting, Wednesday, 19 February, 2003

Joint Committee on the Environment and Local Government

Minutes of meeting, Wednesday, 5th March, 2003

Joint Committee on the Environment and Local Government

Minutes of meeting, Wednesday, 2nd April, 2003

Joint Committee on the Environment and Local Government

Minutes of meeting,

Wednesday, 16th April, 2003

Joint Committee on the Environment and Local Government

Minutes of meeting, Wednesday,

14th May, 2003

Joint Committee on the Environment and Local Government

Minutes of meeting,

Wednesday, 11th June, 2003

Joint Committee on Environment and Local Government

Minutes of Meeting

Wednesday 25th June 2003

Joint Committee on the Environment and Local Government

Minutes of Meeting,

Wednesday, 9th July, 2003

Joint Committee on the Environment and Local Government

Minutes of Meeting,

Wednesday, 23rd July, 2003

Joint Committee on the Environment and Local Government

Minutes of Meeting Tuesday, 9th September, 2003

Joint Committee on the Environment and Local Government

Minutes of Meeting Thursday,

18th September, 2003

Joint Committee on the Environment and Local Government

Minutes of Meeting Thursday,

23rd September, 2003

Joint Committee on the Environment and Local Government

Minutes of meeting

15TH October, 2003

Joint Committee on the Environment and Local Government

Minutes of meeting,

6th November, 2003

Joint Committee on the Environment and Local Government

Minutes of meeting,

25th November, 2003

Joint Committee on the Environment and Local Government

Minutes of meeting,

26th November, 2003

Joint Committee on the Environment and Local Government

Minutes of meeting,

10th December, 2003

Joint Committee on the Environment and Local Government

Minutes of meeting,

11th December, 2003

Joint Committee on the Environment and Local Government

Minutes of meeting,

18th December, 2003

Wednesday 25^th June 2003

Wednesday, 23^rd July, 2003

Minutes of Meeting Tuesday, 9^th September, 2003

18^th September, 2003

23^rd September, 2003

15^TH October, 2003

6^th November, 2003

25^th November, 2003

26^th November, 2003

10^th December, 2003

11^th December, 2003

18^th December, 2003