Mark Durkan
Foyle · Social Democratic and Labour Party · Northern Ireland
“That review involved an extensive engagement exercise with charities, regulators and funders, aimed at creating a more modern and proportionate regulatory system.”
“When the review was commenced in 2021, many organisations were still in the midst of responding to the pandemic. Since then, they have faced a succession of new and evolving challenges. The ending of European funding programmes, on which so many in our communities relied for decades, has left a significant gap.”
“<BR /> <BR />The broad principles behind the Bill are sensible. The changes will modernise charity regulation, strengthen the Charity Commission's ability to intervene where misconduct or mismanagement occurs, improve information sharing and, importantly, reduce unnecessary red tape, particularly for smaller charities with limited adminis…”
“I welcome the opportunity to speak today. Before turning to the detail of the legislation — there will not even be that much detail in the debate today at Second Stage — I pay tribute to our charity sector. Across every constituency, charities provide support that changes and saves lives every single day.”
“<BR /> <BR />Whilst the SDLP supports legislation that removes unnecessary bureaucracy, we should not kid ourselves that administrative reform alone will secure the future of charities and organisations in the voluntary and community sector.”
“I thank the Minister for giving way. Like other Members, I welcome the fact that we have reached this point. There seems to be consensus among Committee members and, I am sure, all Members that the introduction of these measures will save lives, which begs the question of whether the 10-year delay in introducing the measures had an opposi…”
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“I thank the Minister for giving way. Like other Members, I welcome the fact that we have reached this point. There seems to be consensus among Committee members and, I am sure, all Members that the introduction of these measures will save lives, which begs the question of whether the 10-year delay in introducing the measures had an opposite effect. <BR /> <BR />Does DVA anticipate an avalanche of applications for driving tests in advance of the introduction of the measures? If so, can we ensure that the agency is adequately resourced to deal with it, if it arises?”
“Are you concerned that, even where DFI has a degree of control over ports, you have not been able to exercise that to address such an issue and that the passage of the Bill could lead to there being even less central control?”
“I thank the Minister for giving way. I accept entirely the explanation that she gave, and the roles, remit and responsibility that different Departments, Ministers and agencies have regarding that particular issue. Minister, you said that you can do only what is in the legislative framework. You can change the legislative framework, and that is what we are doing.”
“I thank the Minister for his answer. As the Minister outlined, we all want a Budget that provides long-term stability and gives certainty to Departments. We all want a fairer financial settlement from London not just for now but in the future. The SDLP supports the efforts of the Minister and, indeed, the Executive to secure that. However, if a Budget is not passed by the end of next month, we face the prospect of a 5% cut. Has the Minister instructed Departments to make contingency plans in the event of it coming to that, although we all hope that it does not?”
“The SDLP has no hesitation in supporting its progress to Committee Stage, at which time I look forward to working with my Committee colleagues to ensure careful scrutiny of its provisions. The Chair outlined a few areas that we will need to explore and a few assurances that we will certainly seek. We look forward to doing that, but we must not lose sight of the bigger picture.”
“<BR /> <BR />Whilst the SDLP supports legislation that removes unnecessary bureaucracy, we should not kid ourselves that administrative reform alone will secure the future of charities and organisations in the voluntary and community sector. The measures in the Bill are certainly worthwhile, but proportionate regulation must be matched by proportionate investment and support. The Executive need to recognise charities as trusted partners that deliver services that lead to improvements and that, as I said, often save the public purse money in the long run. <BR /> <BR />The Bill is a positive step that should make life easier, particularly for many smaller organisations.”
“When the review was commenced in 2021, many organisations were still in the midst of responding to the pandemic. Since then, they have faced a succession of new and evolving challenges. The ending of European funding programmes, on which so many in our communities relied for decades, has left a significant gap. The local growth fund has failed to match the scale and certainty of what has been lost. For many charities, funding has become short-term and unreliable. The consequences of that are visible across every constituency: organisations have had to strip back staffing to the bare minimum, experienced staff have been lost from the sector altogether, and community projects that had become embedded in neighbourhoods have, sadly, disappeared — some have had to close their doors entirely.”
“<BR /> <BR />The broad principles behind the Bill are sensible. The changes will modernise charity regulation, strengthen the Charity Commission's ability to intervene where misconduct or mismanagement occurs, improve information sharing and, importantly, reduce unnecessary red tape, particularly for smaller charities with limited administrative capacity. Many volunteer-led organisations simply do not have the capacity that larger organisations enjoy or employ. Every hour spent filling out paperwork is an hour that is not being spent delivering services and support to those who rely on them. We should also be honest about where the greatest pressures facing the charity sector now lie. The greatest challenge confronting charities today is not regulation; it is sustainability.”
“That review involved an extensive engagement exercise with charities, regulators and funders, aimed at creating a more modern and proportionate regulatory system. Although the Bill that we are talking about today addresses 18 of the 92 recommendations, I would like some clarity from the Minister, perhaps when he is winding up, on where we are with the 92 recommendations and where addressing the 18 will take us. We have been promised that there will be further legislation in a future mandate, but we need to know where we are in the process. I would also like to hear from him what progress has been made on speeding up the registration process. I know that that is something that the review was very critical of, and it is something that we will all have heard about from charities, or prospective charities, in our constituencies.”
“I welcome the opportunity to speak today. Before turning to the detail of the legislation — there will not even be that much detail in the debate today at Second Stage — I pay tribute to our charity sector. Across every constituency, charities provide support that changes and saves lives every single day. They help families through poverty, support people living with disability, help to tackle loneliness, improve mental health and provide countless other services and supports that strengthen our communities. Too often, they are the safety net when every other safety net has failed. <BR /> <BR />As the Chair outlined, today's Bill is the product of a process that began back in early 2021, when the then Minister commissioned an independent review of charity regulation.”
“I thank the Member for giving way. Ms Armstrong made a very personal and poignant contribution, in which she highlighted the lack of psychological support available or offered to people who are going through the IVF process. Will the Member concur that that also needs to be addressed?”
“They deserve more than sympathy. They deserve action, and they deserve it now.”
“I pay tribute to Fairness (IN) Fertility, campaigners and all the organisations involved for their advocacy and persistence. The motion is about keeping promises that have already been made. Let us deliver three publicly funded IVF cycles and fair transitional arrangements for those who have been left waiting. Those people are still hoping and waiting.”
“<BR /> <BR />Families who have endured the emotional and financial challenges of fertility treatment should not have to spend money on fighting through the courts to secure legal recognition of their family — an interlinked issue on which I am doing a piece of work with the Finance Minister. It is another injustice that must be addressed.”
“The system is under real strain, and nowhere is that clearer than in the Western Health and Social Care Trust where, as of 2024, 239 women were waiting for more than a year to be seen for a fertility assessment. That is a year of waiting before treatment can even be considered to be commenced. Others have asked a fair question about what happens to those who have been through treatment already. Will the promise, if ever delivered, simply benefit future patients, while those who have spent years waiting are left behind? Surely, fairness demands that we examine backdating eligibility so that families who have already carried the burden of the delays are not penalised because the Executive failed to deliver what they had promised.”
“<BR /> <BR />Over recent months, I have heard from many individuals and families whose stories illustrate the human reality behind today's motion. I am delighted to have some of those ladies in the Public Gallery today. One woman told me that, after paying the mortgage, childcare and household bills, it would take almost two years to save enough for one more private cycle. Another explained that her husband's infertility arose directly from life-saving cancer treatment. IVF is their only chance of having a child. Many women have endured the heartbreak of repeated miscarriages but cannot access further investigations. Those are not isolated cases; they reveal a system that, too often, compounds distress rather than alleviates it. <BR /> <BR />We also need to be honest about the wider state of fertility care.”
“The cost of private IVF is simply beyond the reach of many. It forces people into impossible decisions — remortgaging homes, exhausting life savings, spiralling into debt or delaying treatment while desperately trying to save enough money for another cycle. Age does not pause because someone's finances do. The clock keeps ticking. <BR /> <BR />NICE recommends that eligible patients should receive up to three full cycles of IVF. Success rates improve over multiple cycles. Thus, three cycles is not a luxury but represents a realistic opportunity for conception. However, in the North, we continue to lag behind. Families here continue to receive less support than families in Scotland and Wales, which offer three and two cycles respectively.”
“<BR /> <BR />Six years on, that promise, like so much in NDNA, remains undelivered, leaving many couples watching the clock tick down on time that they cannot afford to waste while they wait for a commitment that should have been honoured long ago. Every month that passes is another month that reduces their chances of success. As they age out of the process, they watch that promised opportunity quietly slip away. <BR /> <BR />For those fortunate enough never to have experienced infertility, it can be difficult to understand the emotional toll that it takes. Having spoken to many people who have been impacted, I know that every hospital appointment carries hope and fear. The process leaves couples wondering not only how they will cope emotionally but whether they will be able to afford a chance financially.”
“Thanks, Mr Deputy Speaker. <BR /> <BR />For many people, there is no greater privilege or joy in life than becoming a parent, but that is not a gift that is afforded to everyone. For thousands of individuals and couples across Northern Ireland, the dream of starting a family is overshadowed by the heartbreak of infertility. However, families were given hope through the hard-won commitment secured in the New Decade, New Approach (NDNA) agreement to expand publicly funded IVF provision to three cycles. It was recognition that access to fertility treatment should not depend on wealth or postcode. It was a commitment that people organised their lives around and believed would be delivered.”
“We heard at first hand about the realities of living with the cruel disease but also about the determination, dignity and courage shown by those affected. Those voices deserve to be heard, and not just on awareness days. I call on the Executive to do better for people living with MND and the families that support them. That means ensuring timely diagnosis, strengthening specialist services, supporting research and delivering the practical care and assistance that the patients and carers so desperately need. For those who are living with MND, time is the one thing that they simply do not have. We owe it to them to act with urgency, compassion and determination.”
“<BR /> <BR />Across the UK, a third of those who are diagnosed with MND die within a year, and more than half die within two years. Sadly, the outcomes are worse here. Delays in diagnosis mean that people lose precious time that could have been spent accessing specialist care, planning for the future and making the most of the little time that they have left. Although there is currently no cure for MND, timely diagnosis, coordinated care and appropriate support can make a profound difference to the quality of life of patients and their families. <BR /> <BR />Recently, some of us in the Chamber had the privilege of welcoming to Parliament Buildings people who are living with MND, at an event that was hosted by the Motor Neurone Disease Association. That was a deeply moving, informative and, indeed, inspirational event.”
“Yesterday marked Global Motor Neurone Disease Awareness Day, which presents an important opportunity to raise awareness of a condition that is devastating and, as yet, incurable. MND is a fatal and rapidly progressing neurological disease that gradually robs people of the ability to walk, use their hands, speak, swallow and breathe. While the body fails, the mind often remains unaffected. It is difficult to imagine the courage that is required to face such a horrific diagnosis or the resilience that is shown by those who live with the condition and the families who care for them every day. Around 120 people here currently live with MND, and that number is expected to rise to around 200 within the next decade. Of course, they are not just numbers; they are our loved ones, our colleagues, our neighbours and our friends.”
“I thank the Minister for his statement. There are more than 50,000 households on the housing waiting list here. Over the past decade, with the DUP and Sinn Féin at the helm, homelessness has increased by 120% here, so we welcome any initiative to create more homes. We have to get that right, however, and this initiative might warrant further interrogation. Is housing need being considered in either the location or allocation of these homes?”
“I thank the Minister for his answer. However, the point must be made that the Minister's perceived inaction on or indifference to the issue up until this point has been in stark contrast to the heroic efforts of the housing workers, his departmental officials, the voluntary and community sector, churches and the ordinary, decent Good Samaritans who have worked round the clock to ensure that families — their neighbours — are put somewhere safe. The Minister is right: what happened was horrendous. Sadly, it is not the first time that it has happened. We may hope and pray that it is the last, but I very much doubt that it will be. What is the Minister's message for those who took to the streets to air their "legitimate concerns", one of which is a shortage of housing, given that their way of expressing those concerns was to burn homes?”
“The PSNI must hunt down those responsible, and the courts must hand down sentences that show that hate crimes will never be tolerated. No excuses. No complacency. <BR /> <BR />To the perpetrators, I say this: you do not own our streets. You do not speak for our people. You are losers, and you will lose. To the victim of the attack we send our support and our solidarity. I say to every person who has been targeted by such vile bigotry that we value you and will stand shoulder to shoulder with you to drive that hatred out of our home once and for all.”
“They are people who are keeping our health service alive, looking after our vulnerable and elderly friends and neighbours and working hard and paying for the privilege. Some of them have looked me in the eye and asked whether they have a future here. How can we allow a small, cowardly minority of bigots to make our friends and neighbours live in terror? How dare they drag the name of this place — whatever name you give this place — through the mud? <BR /> <BR />We have spent decades crawling out of the darkness of conflict. We know exactly where hate leads, and we swore that we would never go back. Yet, here we are, in 2026, watching fires in our streets lit by racism, livelihoods ruined and lives turned upside down. Condemnation in the Chamber is easy. Words on a page will not put out those fires.”
“I stand here filled with absolute fury. I refuse to look at the ash and ruin of the weekend's racist arson attack in Belfast and treat it as just another sad news story. It is an outrage. It is a stain on our society and demands our total, unyielding anger. Let us call it exactly what it is: it is not just vandalism; it is terrorism. When thugs throw petrol bombs into buildings, they send a sickening message to our ethnic minority neighbours: you are not welcome here, and you are not safe here. Well, the SDLP and, I am glad to hear, every party in the Chamber has said that we will not let that stand. <BR />I think of my many friends from different places who have made this place their home, especially, today, my Indian friends.”
“The first is to ensure that decisions affecting children and young people properly reflect their individual circumstances, vulnerabilities and welfare, and the second is to modernise our justice system through the use of technology while ensuring that fairness, effective participation and access to justice remain at the heart of proceedings. Those are objectives that the SDLP supports.”
“The amendment also recognises that police custody presents a different environment from a courtroom or tribunal setting. Given that those powers would be new, it is entirely appropriate that the Assembly build a mechanism for review into the legislation from the outset. A formal review would allow us to assess whether the arrangements were operating as intended, whether safeguards were sufficient, and whether any unintended consequences had emerged. That is good legislative practice. <BR /> <BR />Taken together, this group of amendments seeks to achieve two worthwhile objectives.”
“While Members may differ on the detail of some of the provisions — I look forward to engaging further in that debate — the underlying principle is an important one. Access to justice means much more than simply being present when justice is being deliberated on and dispensed. Individuals must be able to understand proceedings, communicate effectively with their legal representatives and participate in a meaningful way. Technology should remove barriers to participation, not create new ones. <BR /> <BR />We also welcome the Committee amendment that would require a review of the operation of live links in police custody. I understand that the Committee heard a range of views on the potential benefits of those arrangements.”
“That is why a number of amendments in this group seek to strengthen safeguards around the use of live links, particularly in police custody settings. Several of the amendments focus on issues such as ensuring that participants understand the process; that legal representatives can participate effectively; that the interests of justice remain paramount when decisions are made; and that appropriate records are maintained where and when difficulties arise, as they inevitably do.”
“They create powers for courts and tribunals to permit participation by live link; establish the factors that should be considered when directions are made; provide safeguards around public access and open justice; and create the necessary offences to protect the integrity of proceedings. Taken together, the provisions represent a significant modernisation of how courts and tribunals operate. <BR /> <BR />However, it is my understanding that, throughout scrutiny, the Committee was clear that the introduction of technology should not be viewed as an end in itself. The key question is not whether proceedings can be conducted remotely but whether participation through a live link allows justice to be delivered fairly and effectively.”
“<BR /> <BR />Turning to the second and larger part of this group of amendments, the SDLP welcomes the provisions and proposals relating to live links. Over past years, the Assembly has repeatedly approved extensions to temporary live link arrangements. Those measures proved their value during exceptional circumstances and demonstrated that technology can help to improve the efficiency and accessibility of our justice system. It is therefore right that we now move from temporary arrangements to a comprehensive statutory framework. The amendments that the Minister has tabled establish that framework.”
“Vulnerability can arise from a wide range of circumstances — Mr Frew mentioned some of them — including disability, neurodiversity, mental ill health, trauma, adverse childhood experiences, family circumstances or, indeed, previous interactions with the care system. When decisions are being taken on bail, custody arrangements or participation through live links, it is entirely appropriate that those vulnerabilities are considered explicitly rather than being assumed to fall within broader considerations. The amendments will help ensure that decision-makers are required to look beyond chronology and consider the individual circumstances of the child who is before them. More broadly, they reflect an important principle that runs throughout modern youth justice policy: the welfare of the child must remain at the centre of decision-making.”
“The two themes are linked by a common principle. Whether we are dealing with children who come into contact with the justice system or introducing new technology into legal proceedings, our objective must be to ensure that the justice system remains fair, accessible and centred on the needs of those who engage with it. <BR /> <BR />I will begin with the amendments relating to children and young people. The Committee amendments that require consideration of a child's vulnerabilities alongside their age and maturity are, in our view, sensible and proportionate additions to the Bill. Children and young people are not a homogenous group. Age alone does not determine how a child engages with the justice system, or with anything, for that matter.”
“I did not quite catch what Paul Frew said.”
“I will try to keep my remarks focused on the two principal themes in this group of amendments: first, bail and custody decisions involving children and young people; and secondly, the expansion of live link arrangements across police custody, courts and tribunals. The themes are linked by a common principle. Whether we are dealing with children who come into contact with the justice system or —.”
“There is recognition that the improvements at Altnagelvin need to happen, but we must emphasise that they need to happen now. The outdated physical state of the emergency department is one thing; hopefully, the business case will be accepted and the funding will be acquired to complete that. However, we all know that the reasons for delays and long waits rest at the hospital's back door rather than the front. Does the Minister have, or is he aware of, any plans to increase the capacity of care home beds in the north-west area?”
“Both you and your predecessor have spoken of the need for an entire strategic review of our rates system. Today, you have pointed out your intent to continue and expand some schemes. While that will be welcome, can you highlight a single change that has actually been made to how our rating system works since those were introduced?”
“Minister, the dualling of the Buncrana Road, which is a major transfrontier route in the north-west, has been proposed since the early 1970s. I do not know how many times it has been announced, and I have lost count of the number of consultation events that I have been to, but it seems, once again, to have slipped off the Department's radar. Has there been any discussion with your counterpart in the South, given its planned investment in Donegal in particular, about the inclusion of the Buncrana Road in its plans?”
“Gabhaim buíochas leis an Aire as a ráiteas.”
“— is to mean anything at all, it must come with real Executive investment and through genuine partnership with local councils.”
“They are not making excuses about decimated budgets. Instead, they are looking to find solutions and are working with others on the ground to identify and provide those solutions. Perhaps leadership here should take a leaf out of their book. Councils understand their communities, the deprivation locally, where intervention is needed most and what intervention is needed most. They demonstrate repeatedly that, when properly resourced, they can deliver meaningful change. They cannot do it alone, however. <BR /> <BR />Poverty is not inevitable. It is a political choice, but so is ending it. If the anti-poverty strategy —”
“The impact has been devastating for councils' ability to deliver services and devastating for an already, by definition, deprived area, because the pressure ultimately falls back on to local ratepayers, many of whom are themselves struggling. Although there has been a recent review of the rates support grant, it looked at how the pie was cut rather than at the size of the pie itself. The Minister of Finance is not responding to the debate. I know that he is a former chef, so we will be continuing to appeal to him to rustle up an adequate and protected budget for the rates support grant, because this is about equality. <BR /> <BR />Despite all of that, councils continue to do extraordinary work on the ground. That is leadership. That is local councils stepping up when the Executive have failed people.”
“That makes it all the more baffling that the Department did not engage adequately — that was councils' view, not just my view or that of the SDLP — on the draft anti-poverty strategy. If councils are expected to be key delivery partners, and they clearly are, why were they not central to the process from day 1? Sadly, that is typical of the silo approach taken to government here that has held this place back for years. While people struggle, councils have been left to try to pick up the pieces, and with fewer and fewer resources to do so. <BR /> <BR />It is the councils with the biggest problems that are least able to do that. In 2009, the poorer councils, as I call them, availed themselves of over £20 million in rates support grants. That funding now totals just over £3 million.”
“Since 2006, the number of people living in the private rented sector has more than doubled. The number in that group who are living in poverty has increased by over 60%. Despite that, progress on meaningful reform of the private rented sector has been too slow and too limited. There has been no ban on no-fault evictions, there have been no rent controls of any type and there has been a reduction in supports such as the local housing allowance and the discretionary housing payment. <BR /> <BR />For many families, it is no longer a temporary hardship but a never-ending battle. Advice services are under severe pressure. Funding for the community and voluntary sector has been slashed. Councils themselves are being pushed to breaking point.”
“The report lays bare the scale of the challenges facing our communities. There are 110,000 children living in poverty here. The Member who spoke previously shared the statistics. He also pointed out that we have among the highest levels of working poor. Families are working hard and doing everything right, yet they still cannot make ends meet. <BR /> <BR />The report also rightly highlights the structural drivers of poverty. As usual, housing is high among them. We know that we have a severe shortage of social housing, with families trapped on waiting lists for years while living in worsening conditions. Far too many people continue to be forced into an increasingly unaffordable and largely unregulated — under-regulated, I will say — private rented sector.”
“Time and again, we have seen councils step in to provide support, often in the absence of Executive support. Local government is therefore leading the way.”
“Councils here have become leaders in the fightback against poverty. They provide the services that people have to turn to when they cannot heat their home or afford food or when they are drowning under the pressure of the cost of living. That reality is felt across all council areas, but it is felt differently in different areas. It is felt extremely acutely in Derry and Strabane.”
“I thank the Minister for his statement. There is plenty of positive news in it. Will he provide more detail on the pathways to work and well-being proposal, particularly given its apparent similarity in aim to the employability work that was being carried out by organisations funded by the Shared Prosperity Fund (SPF) until the local growth fund fiasco torpedoed that work? The UK Government did that, but there was also a lack of support from the Executive. How does that transformative work differ from what has already been done?”