Official Report: Minutes of Evidence
Committee for the Environment, meeting on Thursday, 5 March 2015
Members present for all or part of the proceedings:
Ms A Lo (Chairperson)
Mrs Pam Cameron (Deputy Chairperson)
Mr Cathal Boylan
Mr C Eastwood
Mr I McCrea
Mr A Maginness
Mr I Milne
Lord Morrow
Mr Peter Weir
Road Traffic (Amendment) Bill
The Chairperson (Ms Lo): Members, you will recall that we looked at all the clauses, but then the Department came back to us and said that, in view of what we suggested, it is bringing forward amendments, so we have not produced our final report. You now have a number of tabled papers that you need to look at. I think we have to go through them. I will let you have a quick read of them, and then we will do the formal consideration. I remind you that the session is being recorded by Hansard.
Clause 3 ("The prescribed limit": further provision)
The Chairperson (Ms Lo): Clause 3 amends article 19 of the Road Traffic (Northern Ireland) Order 1995 to retain the option — commonly called the "statutory option" — at the new lower prescribed limits. The Committee was previously content with a small technical amendment to clause 3 to comply with the recommendation of the Examiner of Statutory Rules on the delegated powers memorandum that the regulation-making power should be subject to draft affirmative resolution rather than affirmative resolution as it is currently drafted. In addition, the Committee asked the Department to bring forward an amendment to remove the statutory option, which was agreed by the Minister. Consequently, the Committee formally agreed that it was content with clause 3, subject to those two amendments. The following amendment has now been put forward by the Department:
"Clause 3, page 3, line 36
Leave out clause 3".
Are members content with that amendment? If so, I will put the Question that the Committee agrees to rescind its previous decision that it was content with clause 3 as amended and that the Committee is content with the departmental amendment to leave out clause 3.
Members indicated assent.
Clause 6 (Evidential breath test without preliminary breath test or check-point breath test)
The Chairperson (Ms Lo): The next one is a miscellaneous amendment to clause 6. The Department has brought forward the following minor amendment to clause 6, which is a technical drafting refinement made by the Office of the Legislative Counsel (OLC) for consistency elsewhere in the Bill:
"Clause 6, page 7, line 13
Leave out 'repealed' and insert 'omitted'"
You will wish to consider if you are content with that amendment and, if so, I put the Question that the Committee agrees to rescind its previous decision that it was content with clause 6 as drafted and that the Committee is content with clause 6, subject to the proposed departmental amendment.
Members indicated assent.
The Chairperson (Ms Lo): The next one is an amendment on the removal of the statutory option from the Order of 1995, which is a consequential amendment of the deletion of clause 3 and the insertion of new clause 6A. The Department has provided the following wording for the new clause:
"After clause 6 insert —
'Choice of specimens
6A. Article 19 of the Order of 1995 (choice of specimens of breath) is amended as follows —
(a) for the title, substitute 'Lower of 2 specimens of breath to be used',
(b) in paragraph (1), the words 'Subject to paragraph (2),' are omitted,
(c) paragraphs (2), (2A) and (3) are omitted.'"
You will wish to consider if you are content with that amendment and, if so, I put the Question that the Committee is content with the departmental amendment to introduce new clause 6A.
Members indicated assent.
Clause 16 (Minimum age for licence: small vehicle)
The Chairperson (Ms Lo): Next, we have amendments on the minimum age for holding a provisional licence and the mandatory minimum learning period. Clause 16 reduces the minimum age for obtaining a provisional licence from 17 to 16 and a half. Members asked the Department to bring forward an amendment to remove the clause so that the minimum age remains at the current statutory age of 17. The Department has provided the following amendment:
"Clause 16, page 15, line 4
Leave out clause 16".
Members will wish to consider whether they are content with this amendment. If so, I will put the Question —
Mr Boylan: Before you put the Question, Chair, I am not saying that I will push this to the vote, but we were content with 16 and a half. Obviously, the majority of the Committee is content to change the clause. I am not going to force it to a vote or anything; I just want to put it on record that I thought that 16 and a half was reasonable.
The Chairperson (Ms Lo): OK. The Question is that the Committee agrees to rescind its previous decision that it was not content with clause 16 as drafted and that the Committee is content with the departmental amendment to leave out clause 16. Are we agreed?
Members indicated assent.
Clause 17 (Provisional licence to be held for minimum period in certain cases)
The Chairperson (Ms Lo): The next one is clause 17, which makes it a requirement for a person to hold a provisional licence for at least one year before being able to take the practical driving test. The Committee asked the Department to bring forward an amendment to reduce the minimum required period of learning to six months. The Department has provided the following amendment:
"Clause 17, page 15, line 17
Leave out '12' and insert '6'".
Members will wish to consider whether you are content with this amendment. If so, I put the Question that the Committee agrees to rescind its previous decision that it was content with clause 17 as amended and that the Committee is content with clause 17 subject to the proposed departmental amendment.
Members indicated assent.
Clause 18 (Approved programmes of training: category B motor vehicles and motor bicycles)
The Chairperson (Ms Lo): Next, we have miscellaneous amendments. The Department is proposing a number of technical amendments to clause 18 due to the Immigration Act 2014 having inserted a new article 13A to the Road Traffic (NI) Order 1981: residence requirement. As a new article 13A is also proposed in the Bill, amendments are necessary to avoid duplication. The amendments state:
"Clause 18, page 17, line 17
Leave out '13 (grant of licences)' and insert '13A (residence requirement for grant of licences)'."
"Clause 18, page 17, line 20
Leave out '13A.' and insert '13B'."
"Clause 18, page 17, line 37
Leave out '13B.' and insert '13C'."
"Clause 18, page 19, line 17
Leave out '13A' and insert '13B'."
"Clause 18, page 19, line 19
Leave out '13B' and insert '13C'."
"Clause 18, page 19, line 27
Leave out '13B' and insert '13C'."
The Committee previously indicated that it was content for the Department to bring forward the amendments. If members are content with the wording of the amendment, I put the Question that the Committee agrees to rescind its previous decision that it was content with clause 18 as amended and that the Committee is content with clause 18 subject to the proposed departmental amendments.
Members indicated assent.
The Chairperson (Ms Lo): Next is miscellaneous amendments and new clause 22A. The Department proposes to insert a new clause after clause 22 on the recommendation of the Examiner of Statutory Rules. It provides that subordinate legislation made under the 1995 Order should be subject to draft affirmative procedure rather than affirmative procedure.
The new clause also includes, at (a) and (b), provision that was originally part of clause 3. Since clause 3 has now been removed, the draftsman has relocated the provision in clause 22A. The Department has provided the following wording for the new clause:
"Before clause 23 insert —
'Further amendment of the Order of 1995
22A. Article 110 of the Order of 1995 is amended as follows —
a) in paragraph (1) (exception from requirement for orders to be subject —"
[Inaudible due to mobile phone interference.]
Someone's phone is on. I am sorry, but you need to check your phones. Who is guilty?
[Inaudible due to mobile phone interference.]
"Before clause 23 insert —
'Further amendment of the Order of 1995
22A. Article 110 of the Order of 1995 is amended as follows —
a) in paragraph (1) (exception from requirement for orders to be subject to negative resolution), for 'this Order', where it first occurs, substitute 'paragraph (3A)',
(b) after paragraph (3) insert —
(3A) An order made under —
(a) Article 13A(4) or (7), or
(b) Article 63(9),
shall not be made unless a draft has been laid before, and approved by a resolution of, the Assembly.
(c) in paragraph (4) (procedure for certain regulations), for 'shall be subject to affirmative resolution' substitute 'shall not be made unless a draft has been laid before, and approved by a resolution of, the Assembly'".
Members will wish to consider whether they are content with the amendment. If so, I put the Question that the Committee is content with the departmental amendment to introduce new clause 22A.
Members indicated assent.
Clause 23 (Supplementary, incidental and consequential etc. provision)
The Chairperson (Ms Lo): The Department has brought forward a technical amendment to clause 23. Its purpose is to clarify that draft affirmative procedure will apply to any subordinate legislation that amends primary legislation. It is a drafting refinement that is being applied generally to Northern Ireland Bills. The Department has provided the following wording for the amendment:
"a. Clause 23, page 28, line 11
Leave out 'a statutory provision' and insert 'Northern Ireland legislation or an Act of Parliament'."
Members will wish to consider whether they are content with the amendment. If so, I put the Question that the Committee agrees to rescind its previous decision that it was content with clause 23 as drafted and that the Committee is content with clause 23 subject to the proposed departmental amendment.
This is a bit of a nuisance, isn't it? Are members content?
Members indicated assent.
Schedule 1 (Transitional and saving provisions)
The Chairperson (Ms Lo): For schedule 1, a number of consequential amendments have arisen as a result of the previous amendments. The Department is proposing the following amendments to schedule 1 in relation to the removal of the "statutory option":
"Schedule 1, page 29, line 7
Leave out 'sections 2 and 3' and insert 'section 2'"
"Schedule 1, page 29, line 17
At end insert —
'Choice of specimens
2A. The amendments of the Order of 1995 made by section 6A do not apply in relation to an offence committed before the commencement of the amendments.'"
The Department is also proposing the following amendments to the same schedule in relation to the minimum age for holding a provisional licence and the mandatory minimum learning period:
"Schedule 1, page 31, line 30
Leave out paragraph 12"
"Schedule 1, page 31, line 35
Leave out '12' and insert '6'"
"Schedule 1, page 31, line 40
Leave out '12' and insert '6'"
"Schedule 1, page 32, line 28
Leave out '12' and insert '6'"
The third and final amendment to schedule 1 relates to the definitions of "taxi" and "taxi drivers' licence". It was a transitional measure that was only required:
"until the commencement of sections 22 and 23 of the Taxis Act (Northern Ireland) 2008".
Those provisions have now commenced, and paragraph 2 is therefore no longer required.
"Schedule 1, page 29, line 10
Leave out paragraph 2"
Members will wish to consider whether they are content with the amendments, and, if so, I will put the Question that the Committee agrees to rescind its previous decision that it was content with schedule 1 as amended and that the Committee is content with schedule 1 subject to the proposed departmental amendments.
Members indicated assent.
The Chairperson (Ms Lo): The Department is proposing the following consequential amendments in relation to the removal of the "statutory option":
"Schedule 2, page 33, line 31
In column 2, leave out 'In Article 19, paragraph (2).' and insert 'In Article 19(1), the words 'subject to paragraph (2),'"
"Schedule 2, page 33, line 31
In column 2, at end insert —
'Article 19(2), (2A) and (3).'"
Members will wish to consider whether they are content with this amendment, and, if so, I will put the Question that the Committee agrees to rescind its previous decision that it was content with schedule 2 as amended and that the Committee is content with schedule 2 subject to the proposed departmental amendments.
Members indicated assent.
The Chairperson (Ms Lo): This stage of the Bill is due to end on 27 March 2015, so members will wish to finalise the Committee's report and order it to be printed as soon as possible. The draft final report will be put before you on 19 March. There is really very little; we have only to add in those amendments.