Agenda item

            The Committee considered the undernoted report:

“1      Purpose of Report

1.1    To seek approval from Committee for the Council to continue to be a member of a newly reconstituted arc21, post local government reform, when the number of councils shrinks from 26 to eleven and to consider a proposal received from Newry, Mourne and Down District Council to also join the reconstituted arc21.

2       Background

2.1    This report is being submitted primarily to ensure that the administrative purposes of the Council continue without interruption over the local government reform period.  Members are reminded that the Department of the Environment (DOE) is responsible for the development and publishing of a waste management strategy setting out policies in relation to the recovery and disposal of waste and councils are responsible for the publication and implementation of Waste Management Plans setting out their arrangements to collect and treat these wastes.

2.2    In 2000, eleven councils stretching from Ballymena Borough to Down District Council came together to form arc21, which is one of three Waste Management Groups in Northern Ireland, to fulfil these responsibilities.  It was set up as a waste management joint committee under the Local Government Act (NI) 1972 with body corporate status giving it the legislative authority, in its own right, to employ staff, acquire assets and enter into contracts. 

2.3    The DOE has advised arc21 that, in terms of local government reform, an early decision on the future arrangements for waste management is required to allow time for the necessary legislation to be put in place

2.4    The body corporate legislation for arc21 lists the existing 11 constituent councils of the arc21 Joint Committee but these will cease to exist as of April 2015.  At this time, arc21 will be providing the following on behalf of Belfast and some of its constituent councils:

·        a landfill contract

·        a garden & food waste treatment contract

·        the emptying and recycling of bring banks

·        the supply of bins

·        the supply of kitchen caddy liners and

·        a materials recovery facility (MRF) contract.

2.5    In addition, arc21 is entering into the final stages of the procurement for the development of major waste infrastructure for the long term treatment of residual waste which will facilitate the Council in achieving its statutory waste targets.

2.6    As the current constituent councils cease to exist, it would appear timely for the new councils to consider the adequacy of the existing waste management structure for delivery of their future waste management functions and, in particular, whether the governance and decision-making arrangements are fit for purpose.

2.7    here are several potential delivery models for the future which might include:

1.   The establishment of a single waste authority, either voluntary or mandatory

2.   The establishment of multiple joint committees, either voluntary or mandatory or

3.   No cross-council co-operation

2.8    Since its early days, arc21 has been advocating that the first model could provide the best delivery model for Northern Ireland which has been endorsed by the constituent councils a number of times but, currently, the development of a single waste authority, either voluntary or mandatory and the development of mandatory joint committees would require changes to existing policy and primary legislation and are not achievable in the short term. 

2.9    Therefore, to reflect the existing contractual arrangements and allow time for all options to be identified and fully considered, it is proposed to continue with a reconstituted arc21 which will permit the existing arrangements to continue.  The Council’s Legal Services section is currently working with arc21 on revising the Terms of Agreement and, in light of progress made to date, a draft copy of these has been appended to this report (see Appendix 1).  Given the close involvement of Legal Services in revising this document, Members are requested to grant authority to the Chief Executive once the document has been finalised to expedite the necessary arrangements with the DOE for reconstituting arc21 and to ensure that delivery of the contracts above does not falter.

2.10  The original joint committee was established in perpetuity and the reconstitution process is to ensure continuity of the Joint Committee arrangements with the new councils.  This is especially pertinent given that the new councils are taking on the liabilities of the old councils.  Post April 2015, the new councils will then need to decide the longer term arrangements for the provision of waste management group services as per 2.6 above.  Following such a strategic review, the new councils, which will have become participant councils in the reconstituted Joint Committee, will then be required to formalise any such arrangements with the DOE including, if required, winding up the Joint Committee.

2.11  Arising from the changes to council boundaries associated with local government reform, Newry & Mourne District Council will merge with Down District Council to form Newry, Mourne and Down (NMD) District Council.  In late 2014, the issue of the membership of NMD District Council was raised with the arc21 Joint Committee and Members present expressed support for this council becoming a constituent council of arc21, subject to ratification of this decision by the shadow councils. A formal proposal seeking membership has been received by arc21 from NMD District Council, to ensure the continuity of the services needed, and associated contribution, to fulfil the obligations of Down District Council, in the short term.

2.12  Currently, Newry and Mourne District Council is a member of another Waste Management Group (SWaMP2008) but the contractual arrangements in place within SWaMP2008 mean that this council directly manages its own waste contracts.  The new NMD District Council proposes to formally end its relationship and join arc21.  As a consequence, the proposal from NMD is for one year to allow this formal process to be undertaken, including meeting any liabilities of ending its relationship.

2.13  Belfast City Council has now received a letter from the arc21 Chief Executive, on behalf of the Joint Committee, enquiring if the Council is in a position to consider proceeding to become members of a reconstituted arc21 Joint Committee and also to ask if it would be in a position to consider the proposal received from Newry, Mourne and Down District Council to join arc21.

3       Key Issues

3.1    Local government reform now means that the constituent councils of arc21 will cease to exist after April 2015.

3.2    Notwithstanding that, the adequacy of the existing waste management structure in terms of providing continuity of service for a number of existing contracts, needs to be maintained.  Members are now being asked to become members of a reconstituted arc21 Joint Committee.

3.3    Furthermore, Members will also be asked, if they support joining a reconstituted arc21, to consider the proposal received from Newry, Mourne and Down District Council to also join the reconstituted arc21.

4       Resource Implications

4.1    Financial Implications

         There are no direct financial implications for the Council with regards to this proposal.

         Human Resources

4.2    There are no direct HR implications for the Council with regards to this proposal.

5       Equality and Good Relations Considerations

5.1    There are no relevant equality and good relations implications associated with this report.

6       Call-In

6.1    This report is subject to call-in.

7       Recommendations

7.1    Members are recommended that, to ensure service continuity from 1 April 2015, the Council agrees to continue with a reconstituted arc21 arrangement.  Members are also requested to grant authority to the Chief Executive once the Terms of Agreement have been finalised to expedite the necessary arrangements with the DOE.

7.2    Finally, Members are recommended to support the proposal received from Newry, Mourne and Down District Council to join the reconstituted arc21.”

            The Committee adopted the recommendations.