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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“<BR /> <BR />That was particularly hypocritical given that, at that time, Minister Hargey's party, Sinn Féin, was rightly demanding 100% redress for those impacted in the South and decrying their abandonment by their Government while people here were denied the opportunity even to be heard. Instead, the door was slammed shut in their face. Through our amendment, we want to ensure that they can at least have a foot in the door and that that cannot happen again. I appreciate the Minister accepting his Department's responsibility for some elements of this because, to date, there has very much been a "Nothing to do with me" approach. <BR /> <BR />We have spoken about Derry City and Strabane District Council's initiative to establish a register of defective premises. If there are only seven on that register, I fear that it will grow.”
“That begs the question as to why action was not taken at that point and why, in 2021, the then Minister for the same Department denied any knowledge or responsibility and advised that the issue had not been identified north of the border. There are and have been inconsistencies in the Department on the issue. <BR /> <BR />Also in 2022, the Finance Minister, Conor Murphy, denied that it had anything to do with him. When asked about his engagement with the Irish Government on the matter, he said that his Department did not have policy responsibility for housing. We already knew that, and therefore those conversations did not happen. However, his response suggested that Minister Hargey at DFC held that responsibility and chose not to intervene.”
“I thank the Minister — well, I am not sure that I do thank him — for that latest intervention. The number of cases to date — seven — is small, but it is the tip of a potentially large iceberg. I am not sure what redress those cases have received. There are other cases, and Mr McCrossan has written on behalf of constituents to various Departments. I am not blaming the Minister or even necessarily his Department for this, but those people have not been told what protections exist in legislation for them. The Minister confirmed to me earlier that there were six social housing properties in Derry that the Department was aware of as early as 2018.”
“It will remove ambiguity. I have to ask the Minister this: what do the existing regs or legislation do when people whose properties have been affected by mica and other defective materials have come to his Department and the Department of Finance and not got any answers, not even, "Oh, sorry, your building is seven years old, so you are outside the six years". They have just been told, "This is nothing to do with us". The legislation before us will extend the validity of the existing provisions, but excuse me for thinking that it might not do the job that the Minister thinks it will.”
“I appeal to the Minister to raise the issue at the NSMC and to ensure that his legislation excludes no one on the basis of their permanent residence.”
“I have been contacted by several constituents directly impacted by the issue. To date, their cries to government have fallen on deaf ears. Homeowners across the border in Donegal, Mayo and Limerick, closer to home and, indeed, at home — I am aware of cases in Derry — have seen their lives upended by the use of substandard materials in the building of their homes. They face unimaginable stress, financial ruin and the loss of their most valuable asset, namely their children's home. All the while, the walls of what should be their sanctuary are crumbling around them. Despite what the Minister might think or wish, we are not talking about a faraway land; the cases are a stone's throw from my constituency. All of us will have constituents who own holiday homes in the South and have been cruelly excluded from any redress.”
“We need to address the matter now. The Executive mindset has been, "Why should we do something today that can be put off to next year, the year after or the year after that?". I am shocked but not surprised that other parties are putting all their eggs into the "We'll bring another Bill in the future" basket. How many times were we caught with that one in the last mandate, which has led to less than satisfactory legislation on private tenancies, gambling and even licensing?”
“It is important that we get this right, and that we future-proof it, so that more people will not be left high and dry, like so many thousands of families in the South and, of late, so many apartment owners in south Belfast. Our amendment future-proofs existing legislation by offering legal protections for a situation that not only has plagued our neighbours in the South of Ireland but is now rearing its ugly head here in the North. The unfolding disaster of defective building materials is already here, and it is, sadly and scarily, inevitable that the situation will become more pronounced in the time ahead.”
“The amendment — I will come to this in detail in the body of my speech — as my colleague outlined, provides other options and routes to recourse for those affected. As was outlined by Mr McCrossan, there is a significant disparity between the North and England and Wales in the limitation periods for legal action regarding defective buildings. That disparity leaves homeowners here at a significant disadvantage, unable to seek timely access to justice and compensation, the impact of which, as we have heard today, has had devastating consequences for so many families across this island. <BR /> <BR />Aligning our limitation periods is not only fair but essential to protect the rights of homeowners in the North and to ensure equitable treatment across jurisdictions.”
“Thank you, Mr Speaker. You can do it if you want, Daniel. <BR /> <BR />I welcome the opportunity to speak today on our proposed sensible and sensitive amendment to an important piece of legislation that will afford more protections to homeowners and occupiers. The majority of Members who have spoken have outlined the suboptimal nature of accelerated passage, including the Minister. It is certainly less than satisfactory. It reminds one of the old adage: legislate in haste, repent at leisure. The aim of our amendment is to make sure that we have nothing to repent. I wonder whether the DUP will repent for the two years that it left us without an Assembly and Executive, and left people without the protections that the legislation will, hopefully, afford them.”
“The Minister has given his personal view. It certainly does not seem to be a party view, because a previous Minister, Chris Hazzard — this pre-dates COVID and the problems that the Minister outlined — expressed a desire to review the legislation on the basis that it was outdated. If it was outdated in 2016, is it not outdated now?”
“Gabhaim buíochas leis an Aire as a fhreagra.”
“I congratulate the Minister and wish him well on his elevation from frying pan to fire. I do not doubt his desire to do things differently, if it means improving outcomes for people, primarily, but also the public purse. In that vein, does the Minister concur that increased targeted spend on prevention and early intervention will dramatically reduce suffering from, and spend on, conditions associated with obesity?”
“Before expanding, extending or renewing the programme, are you convinced that an appropriate appraisal has been, or will be, made of its impact on transitioning communities away from paramilitarism for good?”
“Despite the urgent need for action, there has been a lack of follow-through, leaving countless families in housing limbo. Instead, DFC could be in the ludicrous position of building fewer social homes this year than it sold last year. <BR /> <BR />The consequences of the DFC budget will be utterly devastating for people across the North, including the families with young children who are being moved from hotel rooms to bed and breakfasts; the woman living with disabilities that make it impossible for her to climb the stairs in her home or to sleep or wash; or the young man who has overstayed his welcome on the sofas of various relatives. The Executive's track record on social housing is an insult to every individual who is desperately awaiting a place to call home.”
“In that time, housing waiting lists have risen to a record high of 47,000 households. <BR /> <BR />The failure to invest in social housing will have devastating consequences, particularly in areas of high deprivation. That trajectory will worsen without immediate intervention from the Executive. Despite promises, housing has not yet been included as a stand-alone outcome in a Programme for Government, and it remains to be seen whether it will be. There have been harrowing cuts to homelessness prevention programmes and a backtrack on the New Decade, New Approach (NDNA) commitment to enhance investment in new-build housing. There has also been a deafening silence on the much-heralded housing supply strategy, which was announced by a previous Minister with great fanfare and promised 100,000 new homes within 15 years.”
“The need for social housing here is profound. For years, it has been warned that failure to get a grip of the crisis would lead to spiralling homelessness and poverty that would prove difficult, if not impossible, to curtail. The cuts imposed on the capital budget for the Department for Communities will allow for just 400 new social housing builds this year. That is one fifth of the 2,000-home target that was outlined to me by Minister Lyons not four months ago. At that rate of construction, it would take 118 years to clear the existing social housing waiting list. Figures that I received recently from the Minister show a fall in capital budget funding between 2021-22 and 2024-25 of £111 million. That is a whopping 45·4% reduction. We have reverted to the 2018-19 levels of funding without accounting for the impact of inflation.”
“Those are not just line items on a balance sheet. We are dealing with people's lives, and we will not support today's Budget.”
“<BR /> <BR />Every Department wants a bigger slice of the pie, but it is incumbent on all Departments to use what they get prudently and fairly. I will come to Health in that regard. The west will no longer just take the crumbs off the table. The Western Trust is greatly failed by the current capitation formula that is used, which takes no account of the socio-economic factors that are so prevalent in that area. That really needs to be addressed to ensure fairness across the North. The west is not the only area that is neglected, but obviously it is the one that I know best. Where are we with transformation? We need to do things differently to ensure the maximum impact of the money that is spent on health. <BR /> <BR />The Budget has been hastily presented and neglects the core issues of housing, health and mental health.”
“<BR /> <BR />Ms Ní Chuilín has left the Chamber, but I had flashbacks to when she was a Minister and her all-singing, all-dancing housing strategy that was going to deliver 100,000 homes. The Department for Communities' capital budget has been reduced by a whopping 45% — that is just shocking — while the list of those in housing stress has increased by 6,000 and the number of households in temporary accommodation has increased by 50%. How will we address that if we do not invest in increasing our housing stock? Minister Lyons has also committed not just to making social housing a priority but to mitigating the damage of Tory welfare reform. Again, the Budget does nothing to increase the protections for the most vulnerable in our society.”
“A lot of this underlines the need for the infrastructure commission, and I would like an update — maybe not from the Finance Minister today but from the Executive Office — on where that is. We need help to inform how we design and deliver major projects in a more timely and less costly fashion. <BR /> <BR />I turn briefly to housing. It is of deep concern that the use of B&Bs and hotels — non-standard accommodation that was once deemed to be a last resort — has spiralled tenfold in the past five or six years. It is a particularly bitter pill to swallow that we are spending over £8 million on that when we consider that DFC has not been able to fund homelessness prevention initiatives. I would like to know the logic behind that "Penny wise, pound foolish" approach, which continues to punish the most vulnerable.”
“<BR /> <BR />Reform and sustainability of our public transport network is merely a pipe dream. The public have been forced to foot the bill, with further increases to fares due to the Executive's persistent reluctance to invest in this key area. I hope, however, to see the retention of free travel for the over-60s, and I suspect that we will hear something on that in the coming weeks. <BR /> <BR />That brings me to my next point, which, again, is on public transport. When will we see delivery of phase 3 of the Derry to Coleraine rail line? I see an allocation of capital, but it goes nowhere near far enough. That seems to be a hallmark of the Budget: it gives wee bits of money to lots but not enough to see any one big job completed.”
“Would that have anything to do with the fact that that road runs through the heart of the Minister's constituency? The same press statement refers to £88·5 million for the A5, which is something that we all desperately want and need to see done, but neglects to mention that that money is coming from the Dublin Government. <BR /> <BR />What we do know about the DFI budget is that, once again, it does little to alleviate pressures. It threatens delivery of basic front-line services and threatens safety on our fast-eroding road network. Other Members have outlined the economic, environmental and public health implications of not adequately funding our water and waste infrastructure, and this year's allocation does not offer much hope in that regard.”
“<BR /> <BR />The Budget falls dangerously short on the most critical issues facing the North, issues that the Executive had vowed to prioritise, from housing to child poverty. The Budget does not undo the savage cuts, implemented in the absence of an Executive, to many crucial initiatives. As my party's infrastructure spokesperson, I will major on many of those issues. <BR /> <BR />The Executive have modelled governance by press release, prioritising sound bites over substance. For example, the Finance Minister put out a press release on the Budget and announced an £85·6 million allocation for the A6 and the Belfast transport hub. I now see that a meagre £4 million of that investment is for the A6, so why the explicit mention and fanfare?”
“Every time we debate a Budget in here, it seems to be a more challenging one. However, sadly, the Executive, now that we finally have one, have not risen to that challenge or delivered on their promises. The current Budget process feels akin to steering a ship through treacherous waters with a blindfold on. While those waters have undoubtedly been made much more treacherous by the Tory shark attacks on public services that have gone on for over a decade, today we are being asked to vote on a Budget with minimal opportunity for scrutiny. That is not just bad practice; it is indicative of the lackadaisical approach to governance. It undermines the democratic process and our ability to effectively represent the needs of our constituents. So much for the accountability and transparency promised by the leadership parties.”
“I thank the Member very much for giving way. She referred to the Bengoa report and almost said that any opposition to any decision in health is opposition to the principles of Bengoa. Does the Member accept that Bengoa cannot be a fig leaf for every closure or capitulation of service?”
“I have asked the Minister for a commitment.”
“I certainly welcome the progress on Ebrington Square and the commitment to attracting high-quality acts there. On the day-to-day management of Ebrington Square, will the Minister give a commitment to ensure that it is clean and safe? There has been a huge increase in vehicular traffic using the square, which had, until recently, been pedestrianised.”
“When the Minister is responding, will he elaborate on whether any consideration has been given to how provision might be made on the train fleet, as, I suppose, it would not apply as much to buses? I welcome today's positive step.”
“<BR /> <BR />This is a shining example of what can be achieved when this place works: when politicians, parties and dedicated campaign groups, such as Menstruation Matters, work together for the betterment of lives and society. The Executive must focus on social justice-driven policy and delivery that eliminates barriers from marginalised groups. <BR />As the Minister outlined, DFI, through Northern Ireland Water and, in particular, Translink, owns a healthy suite of public buildings and administrative accommodation. There is a lot of footfall, particularly in our train stations and bus depots — or "transport hubs", as they seem to be called now.”
“I am pleased to welcome free access to period products in all public buildings. Today, we deal with those belonging specifically to DFI and its public bodies. It is a necessary step forward to ensuring equality and dignity, combating period poverty and reducing the existing stigma around menstruation. I am pleased with the role that the SDLP has played, and I commend my party colleague Pat Catney for bringing forward this progressive and transformative legislation. Access to menstrual products is a basic human right and an essential aspect of public health. It empowers individuals to participate fully in society without the burden of financial or social barriers.”
“I thank the Member for giving way. Does the Member accept that some of the concerns about the legislation and the LCM are to do with their workability and the difficulty with that? The Minister and the Chair of the Committee outlined some of the evidence that was received, and the Minister suggested that there would be opposition from the tobacco industry. Has the Committee — or anyone — heard of opposition from anywhere else? Have opinions been sought from Retail NI, for example, on workability and how the implications will affect shopworkers in particular?”
“It is unacceptable that citizenship rights are subject to arbitrary restrictions based on geographical location rather than being universally accessible to all Irish citizens on the island. The current process sets citizens from the North at a disadvantage, and that must be rectified urgently.”
“Again, there is a financial cost attached to that unless the absent, maybe even abusive, ex signs the application; sadly, that, too, sometimes comes at a price. <BR /> <BR />Year on year, I and others have called for a Northern-based passport office, and those calls were echoed last week in the Chamber. The Dublin Government argue that the lack of traffic on the MLA portal negates the need for that provision, whereas I argue that that is not a reflection of low demand but, rather, a clear indication of the suboptimal service provided on that portal.”
“<BR /> <BR />At present, the passport office does not deem electoral ID a sufficient form of photographic identification, despite accepting the public services card for those resident in the South. That creates an imbalance and an anomaly that forces Northern Ireland applicants into the ludicrous situation of having to apply for a UK passport or a driver's licence, resulting in unnecessary delay and considerable additional expense. The difficulty for single parents — mostly mothers, of course — who apply on behalf of their children is of particular concern, and I have raised it with the Tánaiste in Dublin and the Finance Minister here. That vulnerable cohort is required to complete an affidavit, even for renewals, a policy that does not apply to Irish citizens in the South.”
“Summer is upon us and, with it, the annual stampede for passports. We know that, as citizens of Northern Ireland, we have the unique privilege and birthright of dual citizenship that allows us to identify as British, Irish or both. However, for many who wish to avail themselves of an Irish passport, that right has become increasingly difficult to attain. They face additional barriers that do not exist for Irish citizens resident in the South or, indeed, for those seeking a UK passport here. Not only is the disparity between the passport application process for people from here and that for people in the rest of Ireland discriminatory, but it perpetuates inequality. The stringent criteria, additional costs and barriers represent unnecessary hurdles for those wishing to assert the right to Irish nationality.”
“Minister, who made those assessments, given that they fall far short of the Chief Constable's assessment of 8,500 officers and the New Decade, New Approach commitment to 7,200 officers?”
“During the Assembly debate on South Armagh on 22 April, the Minister said:”
“I thank the Minister for his answer. The same statement from the Finance Minister contained the very welcome £88 million from the Dublin Government for the A5. Will the Minister confirm whether there are any strings attached to that funding, such as when the money must be spent by, and does he intend to allocate any of DFI's capital budget to the A5 this year?”
“I thank the Minister for her statement. I particularly welcome the work of the criminal justice and social diversity project advisory group. What stage are we at on hate crime legislation compared with the South? What is the Minister doing to prioritise progress?”
“We have a moral obligation to tackle environmental degradation head-on, mindful of our children and subsequent generations who will inherit the consequences of our actions and inaction. It is imperative that we confront the crisis before us and use every tool at our disposal to do so.”
“I thank the Minister for his intervention and, indeed, the action that he has taken and proposes to take on the issue. We can assure him of our full support as he does that. <BR /> <BR />I want to call out comments from Gerry Carroll. In his usual attack on everyone, he pointed to the regulation of sand dredging. I am sure that, after a century of completely unrestricted and unregulated activity, he will agree that the fact that hundreds of jobs can be supported by the regulation and restriction of both the area in which and the volume at which dredging can take place on the lough is no less ironic than the proudly anti-war PBP remaining silent on Ministry of Defence contracts at Harland and Wolff. <BR /> <BR />What we do or do not do now will have major implications for our immediate future and generations to come.”
“The Executive must meet their obligation to legislate for an independent EPA in the current mandate and ensure that its functions are underpinned by law. <BR /> <BR />I have a wee bit of time to turn to —.”
“The glaring failures in that area to date are unequivocal proof that current structures just are not working. <BR /> <BR />We cannot afford a paper tiger approach to the ecological crisis. The inertia and delays of leadership have served to exacerbate the climate crisis. The urgency to deliver on the Executive commitment to establish an independent environmental protection agency cannot be overstated. Merely opting for a review rather than a concrete legislative commitment just does not cut it. We cannot afford added delays or half-hearted measures. Before we know it, it will be "Next Decade, Same Old Approach". Therefore, it will come as no surprise that we cannot support today's amendment.”
“Cross-border collaboration and coordination are vital and must be a requirement across all climate policy in recognition of our shared challenges. Linda Dillon spoke of the need for an all-island biodiversity plan. Yes, we should build on the success of the all-Ireland pollinator plan. Furthermore, we have seen the cost, ecologically and to the public purse, of environmental crime as a result of failures to properly address and enforce penalties against perpetrators, and nowhere has that been more evident than Mobuoy. <BR /> <BR />In order to safeguard our environment effectively, it is vital that any EPA has strong enforcement powers and the authority to bring prosecutions. The power to take immediate and decisive action on the issues will serve as a deterrent and uphold accountability in the protection of our natural resources.”
“I am sorry. I will not have time to do so. <BR /> <BR />On the staffing of such an EPA, it is important to reiterate that the motion is not an attack on or even a questioning or criticism of the highly qualified and committed NIEA workforce; if anything, it is about freeing them from the constraints of conflicting government policies and objectives. As we have heard, Friends of the Earth has said that any new agency should be well funded and well staffed, which begs this question: is the NIEA either of those things? Miss McIlveen said that we cannot set up another agency just to satisfy idealists. I will join Mrs Dillon in quoting Oscar Wilde:”
“Just yesterday, we saw the devastation wrought by increased incidences of flash flooding. Sadly, it is a trend that will inevitably continue as the climate crisis deepens. Tackling the crisis before us requires a robust environmental governance framework, one that can work hand in hand with current structures like the OEP. The establishment of an independent EPA for Northern Ireland is a promise to the future. A body free from political interference is necessary to ensure that decisions are made on the basis of science and not short-term interests. It would ensure that environmental regulations are based on and enforced in the best interests of both public health and environmental protection.”
“<BR /> <BR />The health of biodiversity and natural habitats across the North is in rapid decline. As has been highlighted, the North is one of the most nature-depleted areas in the world, and the water quality in our rivers and lakes is deteriorating. A legacy of chronic underfunding, inaction and failing infrastructure has taken a huge toll and poses serious environmental and public health risks. NI Water admits that overspill into the natural environment is a daily reality due to the insufficient capacity of waste water infrastructure. Miss McIlveen correctly pointed out the further failings of NI Water but neglected to say what steps she took to address those failings when she was the responsible Minister. <BR /> <BR />Biodiversity, people and businesses are living out the once-forewarned consequences of climate disaster.”
“The disaster has put Northern Ireland on the world stage for all the wrong reasons, but, rather than that serving as the clarion call it should have been, we had no Executive in place to act. That was despite pleas and attempts from an SDLP Opposition for political leaders to set aside political differences and work together in the interests of people and the environment. <BR /> <BR />In today's debate, Tom Elliott pondered whether Waterways Ireland could or should take a role in Lough Neagh, while cautioning against the creation of an independent EPA on the grounds that it might be something else to pay for. The Northern Ireland Executive currently funds up to 15%, I think, of Waterways Ireland. If Lough Neagh were to be included in its portfolio, our contribution would increase by multi millions of pounds every year.”
“It is important that we not just record our sympathy and sadness at her passing but strive to achieve the environmental improvements that she did so much to drive forward with rousing passion, realistic pragmatism and remarkable patience. She was a real force of nature and force for nature. <BR /> <BR />Collectively, our generation has taken the natural environment for granted, but the reality of its decline is becoming more apparent: from the butterflies, once a constant symbol of summer days but now on the edge of extinction, to the resigned acceptance of yearly flood damage. We are on the precipice of an ecological crisis, and Lough Neagh is the apex of that crisis. Its glowing green algae is visible and tangible proof of climate and biodiversity breakdown.”