Official Report: Minutes of Evidence

The Chairperson (Mr Butler): Members, thank you very much for your indulgence and hard work during the closed session as part of our scrutiny of and deliberations on the Dilapidation Bill. We have our departmental officials with us. One of the items for discussion in the closed session was what we think is a helpful amendment from the Department: new clause 28A. It points to regulations that will be laid and made. Some very helpful supporting regulations are provided for by the Planning Act (Northern Ireland) 2011. Is it the Department's ambition to replicate those almost verbatim, albeit making them reflective of the Dilapidation Bill? If not, can you give us some clarity on that, please?

Mr Mark Allison (Department of Agriculture, Environment and Rural Affairs): Yes. Clause 28A replicates section 228 of the Planning Act. It refers to regulations to be made. The regulations themselves will probably replicate the regulations under that Act — I cannot remember their title offhand — that set out the terms of the review. We will look to do the same in the Bill.

The Chairperson (Mr Butler): There are a couple of particular lines in the terms of the review that we find useful. I accept that you are not sighted on it. I will read through them, if that is OK. It is the Planning Act 2011 (Review) Regulations (Northern Ireland) 2020. The terms of the review state:

which is good;

which is a fair measurement; and, critically — this is very useful:

To my mind, that makes it agile, which is what we want that legislation to be, and reflective of an output and an outcome, as opposed to a draconian control measure. Is that fair? Is that the intention?

Mr Allison: Yes, the Department's intention is that our regulations will be something similar to that. We do not want to tie it down by saying, "You must do this, this, this and this", but it is —.

The Chairperson (Mr Butler): It will certainly look to retain, amend and repeal. It is a measurement and a fair platform.

Mr Allison: Yes.

The Chairperson (Mr Butler): Members, are there any questions specifically about clause 28A, which is an additional clause that the Department has suggested off the back of the work of the Committee? Are members content?

The Chairperson (Mr Butler): OK.

The Committee will now undertake its formal clause-by-clause consideration of the Dilapidation Bill. Members now have the opportunity to formally determine and set out their position on each of the proposed clauses. If there is disagreement on any of the clauses, we can divide as necessary. If the Committee is not content with a clause, it can register its formal opposition to the Question that the clause stand part of the Bill. That would ensure that the clause in its entirety is debated at Consideration Stage. All decisions taken today will be final and reflected in the Committee's Bill report. It is anticipated that the Committee will conclude all formal deliberations at its meeting today.

I am going to proceed through the clauses of the Bill in order and put the Questions formally. If there is no consensus on the Questions, I will ask members to vote through a show of hands, and the Clerk will confirm the result of each vote.

The Chairperson (Mr Butler): The formal clause-by-clause consideration of the Bill has been completed, and we have reached the end of the Committee Stage. All that remains is to finalise the Committee's Bill report. I refer members to the Clerk's memo in the tabled papers, which covers the proposed recommendations for the Bill report. Do members agree with the proposed recommendations? Do members wish to add any recommendations?

The Chairperson (Mr Butler): Members, I need to seek agreement that we will hold an additional one-item meeting on Tuesday at 10.00 am to agree our Committee report. A draft will be provided as soon as possible after the meeting. Are members agreed?

The Chairperson (Mr Butler): Thank you, members.