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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“In my constituency, I have seen organised crime groups, gangs or paramilitaries go from door to door in new housing estates offering to lend people money to furnish their home. <BR /> <BR />"What would you do?" is the question that I am asked time and time again. People tell me, "I was paying back numerous loans already. I had no gas in the meter. I had used emergency credit on my electricity, and an answer came knocking. I had no idea what I was getting myself into. What would you do?". I therefore ask the Minister this: what will you do? Resolving the issue requires cross-departmental working, but the first step begins with you, Minister. People should not be forced to live in fear in order to make ends meet. <BR /> <BR />I commend the motion to the House.”
“I will run out of time. Sorry. <BR /> <BR />We call for the establishment of a working group that brings together Departments, the PSNI, the advice sector, financial institutions and credit unions with input from those with lived experience. We want to see the immediate renaming and reform of the contingency fund, targeted investment and solutions to eliminate the five-week wait. In the short term, there should be collaboration on a leaflet to be included with every managed migration notice, ensuring that claimants are fully informed about the five-week wait and the risks of illegal moneylending and are signposted to appropriate support. That should be an easy enough ask. Such a leaflet would also be useful to people who are allocated new homes.”
“I am also deeply concerned about the impending managed migration of employment and support allowance (ESA) claimants to universal credit. ESA supports those who are unable to work because of illness or disability. They are some of society's most vulnerable individuals and are arguably the least well equipped to navigate the transition and the most at risk of exploitation by illegal moneylenders. How will they be protected? <BR /> <BR />When I raised concerns with the Minister last month, he advised that people affected by illegal moneylending should simply seek support from Advice NI. Advice NI is a fantastic organisation, but the advice sector is already overwhelmed. How will the Department support that sector to ensure that it can support people? <BR /> <BR />We call for the establishment of a working group —.”
“That is the reality of the erosion of social welfare under welfare reform. What was once a safety net is now full of gaping holes, allowing people to fall into the jaws of predatory loan sharks. <BR /> <BR />We have only scratched the surface of the issue. Alarmingly, research by Ulster University has shown that, while fear is one obstacle to getting reliable data on illegal moneylending, another is that the practice is so commonplace here that it has become unremarkable. Research shows that 43% of victims of loan sharks said that they had been abused, threatened or physically harmed as a result of taking a loan. A third of them had considered taking their life. We cannot afford to ignore the issue.”
“<BR /> <BR />Later today, the Minister will give a statement on tackling benefit fraud. Whilst I am sure that we will all support attempts to prevent people from abusing the system, what will the Minister do to stop the system abusing people? We look forward to statements from the Minister on tackling error in benefits as well and maybe from the Government in London on tackling tax evasion and avoidance, which cost us billions. <BR /> <BR />Meanwhile, half of UC claimants struggle to afford food and bills during the waiting period. The Trussell Trust has repeatedly stated that the wait is a key driver of food bank use that pushes millions of people into crisis. It has led to acute and immediate financial hardship and worsened households' longer-term financial resilience.”
“<BR /> <BR />What is even more worrying than the invisibility and inaccessibility of the contingency fund is the apparent indifference of the Minister. When I asked him about addressing the five-week wait and his Department's research into debt, poverty and illegal moneylending, he referred me to an answer from a year ago. Not only has research not been conducted but there appear to be no plans to address it, although that is very much in keeping with the Public Accounts Committee (PAC) report on welfare and poverty, which highlighted concerns that Ministers and the Department for Communities appear to be too far removed from the experience of those impacted by welfare policies. Not only are we in danger of creating bad policy that destroys lives, it also demonstrates a lack of understanding of the damage being done.”
“I thank the Member for his intervention. The Department and its staff must do more to promote the fund, update guidance to expand its use and increase the budget to ensure that it achieves its intended purpose of helping those struggling with the five-week wait. Backdating UC, particularly for care leavers or those missing out on three or more weeks of housing benefit, is important. However, if the contingency fund were strengthened and amended effectively, it could help to reduce the need for backdating. Whilst today's focus is on the five-week wait, I would like to see funding restored for both the contingency fund and the social fund, which has seen support fall by 60% in just four years. That reduction forces more people towards high-cost illegal lenders.”
“<BR /> <BR />Yesterday, I spoke on the carers motion and said that it was not perfect. My motion today is not perfect either, so I welcome the amendments. I am glad that we have the motion on the Floor for debate. I am glad to see that the Alliance amendment, which we will support, calls for the renaming of the contingency fund, which will ensure that those who need it can find it. However, renaming alone is not enough.”
“They tell a tale of desperation, which often begins with receiving a migration letter informing the individual that they should apply for UC before said date or risk losing their benefits. The letter, currently focusing on those in receipt of tax credits and mostly young families, fails to mention the five-week wait, nor does it direct claimants to relevant support. That realisation normally comes post application, as worried parents scramble to cover costs. Typically, front-line UC staff offer an advance, which needs to be repaid, but the contingency fund is not routinely mentioned. Most people whom I have spoken to were completely unaware of its existence. It is clear that the current framework is inaccessible and fails those whom it is supposed to support.”
“Once fear and intimidation take hold, victims are understandably reluctant to come forward. That reluctance suggests that the issue is far more widespread than is reported. <BR /> <BR />What we know comes from the brave individuals who have told their stories. Those stories often follow the same pattern, with the same shame and fear attached. In my experience, the issue disproportionately impacts single mothers. I see parents who have exhausted all avenues of support turning to my office to seek help with food vouchers or emergency financial support. A cuppa while they wait and a general chit-chat around the cost of living inevitably breaks down barriers, and people begin to talk.”
“Thank you, Mr Deputy Speaker. I rise to propose this motion on the universal credit five-week wait and its inextricable links with illegal moneylending, another hook that paramilitaries — organised crime gangs — use to tighten their grip on our communities. It is a quiet, untold threat that preys on vulnerability and desperation, emboldened by the disaster that has been welfare reform. <BR /> <BR />The universal credit system was supposed to support the most impoverished and in-need households; instead, the five-week wait leaves those who already struggle to make ends meet in a state of panic over how they will cope. It is not only debt-inducing but dangerous. It is a gateway for loan sharks to step in and offer a way out with no credit checks or paperwork, just a promise of fast cash.”
“<BR /> <BR />Carers need more than money, though: they need a charter of rights and more support. They need the right to live free of poverty; the right to regular breaks; the right to be treated as equal and valued partners in the health and social care system; the right to have access to education and employment opportunities; and the right to proper and timely information and support. Our carers make an immeasurable contribution to society across the North every day, and, in return, they deserve so much more than a social security benefit that forces them to go hungry and sit in the dark. It is time that government cared for our carers, because God only knows where we would be without them.”
“It is hardly surprising that nearly half the people who rely on carer's allowance in the North are living below the poverty line. Over 40% are having to cut back on essentials such as heating, and one in seven of our carers have been forced to use a food bank. The shocking rate at which carer's allowance is paid represents nothing less than the exploitation of the love, devotion and dedication of those carers. You cannot put a price on that love, but look, as others have said, at the pressure that they are taking off and the money that they save our Health and Social Care system for one. A recognition payment will not fix the carer's allowance payment for everyone, but it would be a crucial starting point in delivering the financial support that unpaid carers need.”
“Carer's allowance is the main social security benefit for people providing unpaid care for sick or disabled family members or friends. It is available only to those who care for a loved one for a minimum of 35 hours a week, although, for a significant number of recipients, as others have alluded to, the caring role is around the clock. It is 24 hours a day, seven days a week and 365 days a year. <BR /> <BR />Other Members mentioned the lack of respite opportunities, and the Health Minister and we, as an Assembly, really need to get that addressed. People need the opportunity to recharge. In exchange for their Herculean efforts, carers receive a weekly payment, as Mr Carroll reminded us, of £81·90, which equates to less than £2·50 an hour or nearly five times less than the national living wage.”
“I thank the Member who tabled the motion. The SDLP will support it and the Alliance amendment. Both could go further, but not every motion can do everything. My colleague Daniel McCrossan had been working on an amendment that does not seem to have made the cut. In that, we called for a carers' charter, similar to the one proposed by Carers NI, that would have gone further than the motion and the amendment. In June, my colleague Daniel McCrossan presented to the Speaker a petition with almost 1,500 names on behalf of Carers NI. It called for the introduction of a carer's allowance recognition payment as recommended by the independent review of welfare mitigations. <BR /> <BR />This issue affects 48,000 people in the North who struggle to make ends meet on carer's allowance.”
“How will the measures that the Minister outlined in her initial answer benefit the North West Community Wealth Building Partnership and the unique challenges of our region?”
“I welcome the impending and long-overdue opening of the Northern Ireland Football Fund. Its terms and conditions refer to the fact that match funding of 5% will be expected from successful clubs. In the case of a publicly owned ground, that increases to 40%. Given recent investment of somewhere in the region of £2 million by Derry City Football Club in the Brandywell — there is ongoing construction of the north stand — will the Minister give favourable consideration to including that as an example of match funding from a club?”
“I thank the Member for giving way. Does the Member find it strange, if not a tad hypocritical, that Executive parties here criticise the programme for government of the new Government of Ireland when, a year since getting this place back together and over 1,000 days since the last Assembly election, we have not seen a Programme for Government other than in draft form?”
“That, in turn, would boost construction, create jobs and stimulate the housing market. Such a scheme cannot work in isolation, however. Rather, it needs to be one element of a wider suite of interventions that would increase housing supply and deliver a sustainable housing market. <BR /> <BR />Although we agree with the sentiment of amendment No 2, we are fairly ambivalent about whether it is made, and we will oppose amendment No 1, which we believe dilutes the intent of the motion and, effectively and unsurprisingly, lets the Minister off the hook.”
“It certainly has value, but there has been little consideration of alternative support. Co-ownership provides an entry point into the housing market, but it does not work for everyone, because buyers face limited financing options. Rising rents and interest rates can make the scheme less affordable over time, while reselling can prove complicated. We also have a rent-to-own scheme, which is run by Co-ownership, but it is not much used, probably because it is not, or has not been, much use. <BR /> <BR />An equity-based — it is important that it be equity-based — help-to-buy scheme would provide a much-needed lifeline that would reduce the upfront deposit and lower the amount that buyers needed to borrow. It would prove to be an investment for the Executive and ensure that funds could be reinvested to support future buyers.”
“In my constituency, we recently saw £900 a month charged for a two-up two-down, the quality of which left quite a bit to be desired. That was almost double what it cost less than five years ago. Extortionate rental costs make private renting impossible, including for people who are in full-time employment. They push people out of their home and on to the social housing list. Improving access to homeownership would reduce demand on rental properties and therefore reduce demand on social housing. <BR /> <BR />It is hard to understand how people who currently pay £1,200 or £1,300 a month on rent are considered by lenders to be unable to afford an £800 mortgage payment. We have to try to make that make sense. Co-ownership has been pushed by successive Ministers as being the be-all and end-all.”
“Another flaw in the strategy is the exclusion of any mention of empty homes or of a desire to bring 21,000 vacant properties back into use. That approach would not just alleviate pressure on new builds but avoid the complexities of water infrastructure connections. The delivery of adequate housing supply is contingent on having a suite of comprehensive reforms, including a help-to-buy scheme. One cannot thrive without the other. <BR /> <BR />The average house price in the North is rising faster than wages. In 2023, the average monthly rent across the North was £817, which was a 5% increase on the previous six months. It has mushroomed again since then. It is barmy that there can be 50 applicants for one rental property. Entry into private rental, never mind homeownership, is laden with barriers.”
“I fail to see how that figure will ever be attained at a time when we would be lucky to hit half of this year’s target of 2,000 social homes and the rate of housebuilding is at a 60-year low. Addressing the impact of water issues on housing development barely gets a mention, yet that drives up costs for first-time buyers and all buyers and renters of property across the North.”
“That is part of a long-awaited housing supply strategy that talks about unlocking supply but makes no mention of support for first-time buyers. It promises 100,000 homes over 15 years without, in our view, a real road map to get us there.”
“I propose the motion and acknowledge the increasing difficulties facing first-time buyers, making what was once a common rite of passage for many an impossible dream for more. For generations before us, homeownership was seen as the foundation of security and the springboard to stable lives and a sense of belonging in society and established communities. That has become a pipe dream. It is no longer a goal for those trapped in the instability of the private rental sector, who face rising costs, short-term leases and little hope of saving for a home of their own. <BR /> <BR />After much delay, we saw and welcomed the introduction of an intermediate rent scheme that, I hope, will improve long-term rental options and give tenants stability.”
“I thank the Minister for her commitment to carrying out a review of that horrific case and the horrendous handling of it. Will the Minister commit that the review will also engage with those most hurt by the case, be they relatives of the victim or others who suffered from the fallout?”
“I thank the deputy First Minister for her answer. At a time when the overdue development of Ebrington is finally making tangible progress and we have more people using the site as a place of employment and leisure, there are concerns in my constituency that the decision will reduce safety for users. Those concerns have been compounded by a few unsavoury incidents lately. It will also cost jobs at a site where we are trying to generate employment.”
“I have been to Lisneal College and have seen people playing football on the pitch that the EA statement says has not been used since 2019. I welcome the investment, but rather than fire barbs across the Chamber, surely the Minister can understand the queries, questions and concerns from schools that have leaking roofs and classrooms that are neither safe nor DE compliant, as to why a pitch is being prioritised over those pressing needs. The Minister quoted Orwell in his statement. Does he agree that all schools are equal and that none should be more equal than others?”
“I ask him to ensure that there is a close working relationship between his Department, the Department for Communities and all other Departments and agencies with responsibility for the issue.”
“However, here we are again, with a Minister telling us — as he was quoted by Mr McGuigan — that because, again, we have a short mandate, there is not the time to bring forward the all-singing, all-dancing and all-protecting legislation that is required. Therefore, rather than shrugging their shoulders and saying that more needs to be done, some parties need to hold their hands up and say that their actions when they were out of Government, when they were preventing the formation of a Government, and their inaction when they have been in Government have prevented more being done to mitigate gambling-related harms. <BR /> <BR />I am glad that the Minister of Health is here.”
“However, whilst gambling operators here are making significant profits, thousands of people and thousands more families in our communities are suffering from gambling harms. It is only fair therefore that gambling operators pay their fair share to help to prevent and treat that harm through a levy, as provided for in the legislation that we debated at length and voted through in the previous mandate. We were frustrated that that legislation did not go far enough. Many Members expressed that frustration. At the time, we were told by the then Minister that it was due to a truncated mandate. There was a promise that full legislation would come forward in the next mandate that would deal with all the ills.”
“In light of the new regulations and a growing body of evidence that highlights gaming machines as being the most harmful group of products, it is imperative that we have clarity over who has responsibility for enforcement. The question of enforcement is particularly important, given that there is evidence that the previous regulations setting maximum stake and prize limits for gaming machines were not being routinely enforced here. I ask the Minister to seek assurances from the Minister for Communities that there will be robust oversight and enforcement of the new regulations. <BR /> <BR />It is important to emphasise, as others have, that the APG is not anti-gambling.”
“<BR /> <BR />Earlier in today's business, in reference to the initial gambling code of practice, the Minister for Communities said to my party colleague the leader of the Opposition that there are measures in place that will make a difference. From a public health perspective, however, it is disappointing that the draft initial code of practice that was consulted on recently makes no reference to gaming machines, particularly given their high risk of addiction and related harms, as I have outlined. It is timely and urgent that we address the risks associated with electronic gaming machines, given that, earlier today, regulations to raise significantly the maximum stake and prize limits for gaming were approved by the Assembly.”
“Evidence from the most recent inquiry, as well as that from previous inquiries, strongly suggests that the risk of gambling harm is significantly influenced by the characteristics of the gambling products themselves, with several witnesses highlighting how the public health implications of harm stem from gaming machines specifically. Clinical experts told the inquiry that gambling products that offer continuous play, which is characterised by high speed of play and a short time between wagers and outcomes, as is the case with electronic gaming machines and online gambling games, carry a much higher risk of addiction and related harms. That impresses on us the need to regulate the characteristics, as well as the availability and accessibility, of the products at the root of the harm.”
“I also commend the work of the APG, of which I am a member. My attendance at its meetings has not been great lately. Justin McNulty does the lion's share of our work on it. Justin cannot be here today, as he is caught up with constituents who are still without power. I commend Mr McGuigan again on airing his own experience. It is indeed valuable. If any of us can put anything out there that can help someone else, it is important that we do so. <BR /> <BR />I will particularly address the use of electronic gaming machines, also known as fixed-odds betting terminals (FOBTs). Those machines, which offer a variety of games, including roulette, are highly addictive and often described as the crack cocaine of gambling.”
“We welcome the ongoing efforts to amend a housing allocation scheme that abuses many people and is abused by some. It is shameful and sad that it is victims of domestic abuse who have to uproot their lives and leave their properties, and it is appropriate that they should be served equally by the system to other victims of threat, fear and abuse. However, they should be served equally well not equally badly, and we will have to reserve judgement on that until we see the review of primary social needs points. How does the Minister explain his decision to remove intimidation points altogether, given the previous Minister's commitment not to do so? What steps will be taken to avoid the uneven and unfair system beyond transition where victims up to a certain point will have received 200 points and after the new date will not?”
“I thank the Minister for giving way. The Minister might recall that I was critical at the time that March was given as an end date for the roll-out of those payments, which were due to start in December. It is fair enough to say that nothing has been done to date, even though we have assurances that officials are working at pace. Bear in mind that the £100 payment, you assured us, was the quickest way to do things. If this is the quickest, I would hate to see the slowest.”
“The Minister has anticipated my supplementary question. He mentioned work that may be ongoing between the met offices in the different jurisdictions on this island. Will he undertake to do some more work with his counterparts in the Twenty-six Counties towards the development of an all-island weather warning and response system?”
“We will support any initiatives that come from the Minister and the Executive to tackle the rising scourge of poverty across our communities.”
“Yet, the Minister has no plans to address the debt-inducing five-week wait for universal credit. The proposer of the motion, quite rightly, identified the role that that is actually playing in driving people towards unscrupulous, illegal and immoral moneylenders. Families are no longer just about managing. Under callous Tory policy, compounded by Executive absence and apathy, they are working on the breadline. It will take a long time and a real commitment to undo that damage. Certainly, the Labour Party has not got off to a good start in doing so. <BR /> <BR />It is important that, as an Assembly, we look at what we can do here to protect our citizens and at what we can do to influence and improve policy in that other place and how it impacts on our most vulnerable citizens. My party will support the motion and, indeed, the amendment.”
“The lackadaisical approach to date is an insult. <BR /> <BR />I know that we are talking about child poverty here today, but when I talk about a lack of urgency, I want to draw attention to the lack of urgency around older people and fuel poverty. It has just been revealed to me today in an answer from the Minister that, to date, not one penny of the much-heralded £100 winter fuel support payment has been paid out. If that does not exemplify a lack of urgency, I do not know what does. The two-child policy, as others have said, is inflicted on tens of thousands of households here, and we will see that bite more acutely as more people move to universal credit. Of claimants here, 42% are either behind on bills and credit payments or find it a constant struggle to keep up.”
“<BR /> <BR />Understanding why child poverty exists here is not a difficult equation. The child poverty strategy ended in 2022 in the midst of a cost-of-living crisis and an economy reeling in a post-pandemic landscape. The strategy was a bit of an empty vessel. It made a lot of noise but did not hold a wild pile of substance. There were no clear targets, no prevention or early intervention and no understanding or appreciation of cross-cutting responsibilities. We have been denied an anti-poverty strategy for two decades. The previous Communities Minister gave assurances that it would be implemented within the previous mandate. I appreciate that we have been told that it is now ready to go. I fear that it might be coming just a bit late in the day, but better late than never. Where is the sense of urgency?”
“Those figures are even more striking in areas of high deprivation and in communities, like my constituency, where families feel the pain of political failure the most. Behind those figures are families — starving and freezing families. How is that being allowed to happen? Poverty is a reality for far too many families and it is exacerbated here because the leadership parties have, in the not-too-distant past, put short-term political popularity over doing what is right for the people whom they purport to represent. As of 2023, 109,000 children were deprived of the basic necessities. To those who have held these institutions to ransom and prevented action for five out of the past eight years, you should be ashamed of the Dickensian conditions that your actions have compounded.”
“I am disappointed that we are still here debating the same issue of food insecurity and poverty. In September, Executive parties stood in the Chamber lamenting rising child poverty. Last year, the same parties vowed to tackle holiday hunger and reduce dependency on food banks. What has been done and what has changed? If a Government are to be judged on how they treat their most vulnerable citizens, surely the fact that one in five children lives in relative poverty — rising to one in four in areas of high deprivation — is a damning indictment of their leadership. <BR /> <BR />Every Member who has spoken has referred to statistical increases in just about every area that we do not want to see them in.”
“I thank the Ministers for their answers thus far. Do the Ministers believe that agencies here could and should have been better prepared? Given that the red weather warning in the South existed about 24 hours before the warning here was escalated to red, do they recognise the ridiculousness and the risk of having two separate weather warning systems on an island of this size? Will the Executive pursue an all-island weather warning and response system?”
“I thank the Minister for giving way. Will he clarify that that was the decision of the Department and not the decision of a Minister?”
“OK. The health and well-being of our constituents will always be our priority.”
“The Executive need to agree priorities and agree to fund priorities.”
“Instead, we have seen the collapse of services across the North and then a transformation or reconfiguration sticker put on them. It is evident that the situation at Altnagelvin has worsened since the reconfiguration at the SWAH and elsewhere, as Mr Delargy indicated. Have bed capacity and staffing resources at Altnagelvin been increased to cope with an increase in patient numbers? <BR /> <BR />I have spoken before about the particular challenges that trusts face in border areas. We used to risk losing staff to Brisbane; now, they can go to Bridgend for better pay and conditions. That needs to be recognised in the capitation formula. The Member who secured this topic for debate called for a joined-up approach between trusts, the Department and community organisations, but we need to see a joined-up approach here and in the Executive.”
“As others have said, we need to see that being progressed without delay. Other improvements have been made. We have seen the introduction of a children's area and the opening of a new minor injury unit, which aims to divert 17,000 patients a year away from the main ED. The patients are all singing its praises. The PSNI has a new custody suite, only across the road, and that takes another bit of pressure off. <BR /> <BR />Despite those interventions and the Herculean efforts of our heroic health workers, the situation is worse than ever. Why? Years of inaction, underinvestment and political paralysis have pushed our health service into a state of emergency. There has been no driving of, or funding for, the transformation that we need.”