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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“That is a minuscule saving in the overall Budget, but its impact will be enormous, not least, again, for those tens of thousands of people who are trying to navigate the social security system for the first time. I have serious concerns about the debt that people are being driven into. It is a charter for loan sharks. When those people go out and do their utmost to get a job, they will find, as the Communities Committee was told by departmental officials that this region:”
“Unfortunately, the Communities Minister made a bid for only 900 new staff, but even that has been rejected as per the draft Budget. I raised that with the Finance Minister last week. The consequence of that, though, is that the already intolerable and, some might say, inhumane five-week wait will be dragged out even further for some applicants, some of whom may have been the very people who could benefit from one of those jobs. That is not to mention the stress on existing staff on the front line, who have been fantastic throughout the crisis. <BR /> <BR />On top of that, in the draft Budget, there is a proposed £1·5 million cut to the independent advice sector.”
“No one should be in any doubt that the requirement for self-isolation will continue, as will the hardship that the pandemic has caused. It is imperative that people are not forced to choose between feeding their families and following public health advice by self-isolating. That is just a microcosm of the bewildering approach to expenditure that marks our entire budgetary process, which leaves people here short-changed. <BR /> <BR />The same myopia is evident in the draft Budget for the coming financial year, but I will limit my remarks to some of its most glaring contents or omissions. Claims for universal credit here are up by 126%, and the Department for Communities estimated that over 1,400 new staff would be needed to deal with that hugely increased workload.”
“Unfortunately, that is an example that is followed by colleagues in other Departments. It still stuns me that the Communities Minister returned £2 million that was earmarked for the COVID discretionary support scheme. What a slap in the face for families across the North who are stretched to their limits and who are trying to do the right thing and follow public health advice. If they come under the prohibitively low income threshold, they are very unlikely to be part of the 2% of claimants to get £500 or more. The average payment is £147, and two Communities Ministers have insisted that that is a more generous scheme than the £500 self-isolation support that is available in other regions. <BR /> <BR />Today, we discussed the road map out of lockdown.”
“The money that we do have has not been properly allocated or spent, and that is down to a lack of planning and a poor grip on policy design. With a bit more imagination, the Finance and Communities Ministers would, for example, be exploring different funding models to ensure that more social housing was built, rather than considering selling off the Housing Executive, or taking up the SDLP's call for a mortgage support scheme to prevent homelessness and further housing stress as the full economic extent of the pandemic takes effect. <BR /> <BR />The Finance Minister makes his own job a bit more difficult when he ends up handing back tens of millions of pounds of unspent funds to the Treasury with one hand and, with the other hand, asking for more funding.”
“Go raibh maith agat, a Cheann Comhairle. You caught me a bit by surprise, there. I thought that I had a wee while yet, and I was just tucking into my dinner. <BR /> <BR />As my colleague, Matthew O'Toole, has outlined, the entire approach to this Budget has been chaotic, with little evidence of strategy, long-term or otherwise. We are all well aware of the UK Treasury's cynicism and its failures, yet the Treasury's approach is no surprise. What is needed is agile and creative thinking by the Finance Minister, and other Ministers, pre-empting it and advocating for the funding and flexibility needed to fulfil the promises that have been made to people here in the North time and again. <BR /> <BR />It is not good enough to lay all the blame at the door of the UK Government or at the door of the pandemic.”
“I thank the Minister for her answers thus far. Has the Minister engaged with her counterpart in the South to ascertain the veracity of allegations and revelations made in the BBC 'Panorama' programme, 'Boxing and the Mob'? Has she, alongside the PSNI and the gardaí, assessed the reach of organised crime here? Her party colleague Stephen Farry raised the issue at Westminster.”
“I thank the Minister for her statement. The Minister has referred to the plans announced by her predecessor and party colleague to reclassify the Housing Executive's landlord function to a mutual or cooperative designation to enable it to borrow and build. I may be mistaken, but I believe that the transfer of 85,000 public homes would be the largest ever on these islands. Has the Minister had an opportunity to discuss with her counterparts from elsewhere the impact that such transfers in their jurisdictions have had on rents and security of tenure?”
“I thank the Minister for her statement and answers. A Member has already asked about the importance of revitalising our town centres. At the meeting, did the Minister discuss with, or take the opportunity to learn from, her counterparts from other regions anything that might inform her actions to revitalise town centres? Our town centres were struggling, but now many of them face decimation.”
“I thank the Minister for his answer. I am sure that he will agree — I think that he already has — about the importance of upskilling our young people for employment and reskilling people of all ages, particularly given the employment abyss into which we are staring. Does he share my concerns about the impact that any failure to proceed with Job Start might have, combined with the impact on many employment and skills programmes, which has been caused by the loss of European structural funds?”
“A few months ago, the Minister assured me, in the Chamber, that the necessary resources were in place to support the recruitment of the announced 900 Northern Ireland Civil Service posts in universal credit over the next few years, given the 126% increase in the number of claims; a number that, sadly and inevitably, will increase even further. It is my understanding that 350 of those posts were advertised, yet, to date, not one of them has been filled. The DFC draft budget indicates no additional money for recruitment next year. Does the Minister agree that that investment is vital, not only to minimise the hardship faced by claimants but to reduce the massive stress on current staff?”
“There is a lasting concern that organisations run by people from our traditional communities who work with BME people are favoured over organisations led by BME people, whose groups are often told that they lack the capacity to administer government funding or to run programmes. However, one of the stated aims of the racial equality strategy is to build capacity for ethnic minority people. How is the distribution of resources between race relations and community relations decided?”
“Has the Minister engaged with network providers on mobile data, and does she know how many more masts are required and where across the North those masts must go for full mobile connectivity?”
“I thank the Minister and wish him well in his new role. It is certainly no reflection on him when I say that I hope that he is not in post for long. I sincerely wish Edwin Poots a full and swift recovery. <BR /> <BR />As Health Minster, Edwin Poots recognised the value of cross-border, North/South collaboration. Is the Minister aware of any discussions that have taken place with the Irish Government on the coordination of a deposit return scheme across the island?”
“Another New Decade, New Approach commitment on which I would like an update is the commitment to an addiction unit in Derry, the need for which has, sadly, become even more acute in the course of the pandemic. I await an answer from the Health Minister on that, but will the First Minister and deputy First Minister please take the opportunity to reaffirm their commitment to that badly needed and sadly needed unit as a matter of urgency?”
“The Minister has quite rightly identified the challenges in care homes as regards visits. It puts an extra burden on staff who are, in many cases, almost substitute families for the people under their care. Given that so many of our care homes are independently owned, can the Minister give an assurance to those hard-working and heroic staff in our care homes that they will also be eligible for the very welcome recognition payment that he announced last week?”
“Gabhaim buíochas leis an Aire as an fhreagra. Is the Minister able to tell us how many of these have been appealed and how many have been reversed? Does he agree that it is unfair and completely unacceptable that, in some cases, businesses have had to wait almost four months to learn that their application has been rejected and why?”
“I thank the Minister for her answers thus far. Listening to the many students who have been in contact with the SDLP, I say that the student hardship fund does not seem to be fit for purpose. The eligibility criteria is restrictive, the process is arduous and the waiting time is very lengthy. Does the Minister agree that we need a dedicated COVID-19 student support fund that gets money out fast and directly into the pockets of those who need it? It is our view that we needed this eight months ago and students desperately need it now.”
“I thank the Minister for her answer. I welcome her support, but our students really would love to be in a position to welcome action from the Executive at this stage. <BR /> <BR />The deputy First Minister in particular will know of the vital role that our student nurses and midwives are playing in supporting our struggling health service in the battle against COVID, yet they are not getting paid for it. The Health Minister previously justified that to me as being a UK-wide position, but the Nursing and Midwifery Council has reintroduced paid clinical placements for student nurses in England. Will the Executive look at that again and pay our student nurses for their invaluable, priceless work?”
“I thank the Minister for his statement. It will seem to the public somewhat perverse, at a time when we have never had so many in so much need, with businesses and individuals struggling to survive, that Departments are now in "Brewster's Millions" territory, scurrying to spend hundreds of millions of pounds against the clock. With specific regard to the Communities Department's reduced requirement of £2 million for the COVID-19 discretionary support grant, does the Minister see merit in the creation, even at this late stage, of an accessible and effective COVID-19 isolation support grant that workers can avail of, as exists in other regions?”
“I welcome the Minister's return to the Assembly and the Executive. <BR /> <BR />Ms Cavanagh recommends that PIP assessments be brought in-house, given the well-publicised negative experience of claimants at the hands of Capita, yet the Minister has confirmed to me in a written answer that the contract with Capita that was due to end in July may be extended for another two years. The problems with Capita long predate the pandemic, so can the Minister tell us whether she is content to reward Capita with more public money for failure?”
“Does the Minister acknowledge the vital role that is played by student nurses and midwives who are working alongside paid — albeit underpaid — health workers in extreme circumstances? Will he reconsider the decision not to pay them for their priceless contribution at this time, when the situation because of COVID appears as perilous as ever?”
“Will the Minister confirm whether a household can receive multiple heating payments if more than one eligible individual is living at the address?”
“I thank the Minister for her statement, which heralds the success of law enforcement agency interventions, which have seen the seizure of almost €10 million worth of drugs. Such seizures are very welcome in reducing the amount of drugs in our communities. In my opinion, real success should be measured on the arrest and apprehension of big-time drug dealers and the dismantling of drug gangs who continue to flood our communities with dangerous drugs that ruin lives. Does the Minister agree, and does she know how many arrests were made with regard to these interventions?”
“I thank the Minister for her action. Clearly, she is delivering on promises and making progress in the north-west. I was delighted to welcome her to Derry last week. Can the Minister provide an update on the LWWP in Derry, please?”
“Go raibh maith agat, a Cheann Comhairle agus gabhaim buíochas leis an Aire as an ráiteas. What consultation has there been with the Irish Government around developing a legislative programme on language development of an Gaeilge?”
“Does the Minister recognise the importance of enshrining flexibility in the reintroduced ring-fencing policy? When the policy existed before, the Housing Executive demonstrated that it did not have sufficient flexibility, which impacted negatively on social housing provision inside and outside ring-fenced areas.”
“Has the Minister assessed the adequacy of the housing fitness standard in providing high-quality, environmentally sustainable housing?”
“I thank the Minister for his statement and commend him on his efforts. Over the past few days, I have been inundated with concerns about the closure of gyms. The Minister will be well aware of the positive, essential role that exercise plays in the preservation and promotion of physical and, even more so, mental health. Can the Minister explain to the House and those anxious people the scientific rationale for the recommendation to close gyms, which have gone above and beyond to ensure that their premises and practices are sanitised and safe?”
“We must do more to support them in their work in changing and, without doubt, in many cases, saving lives. <BR /> <BR />I will conclude by saying that I hope that the Bill sends a strong message to victims of domestic abuse that they have our full support and to perpetrators that there will be zero tolerance. Moreover, I hope that that message is followed through with results. I believe that the amendments that we will support will strengthen our efforts to do just that.”
“I thank the Member for her intervention. I certainly recognise the complexity of the issue and the importance of how we can work together and Departments can work together to help to reduce the incidence of that form of abuse. <BR /> <BR />Amendment No 21, with its focus on training, is most positive and will be broadly welcomed by victims and many organisations that work in the sector. I put on record our gratitude to those hard-working and hard-pressed organisations that support victims, including Women's Aid, Victim Support, the Men's Action Network, the Men's Advisory Project, Nexus and the aforementioned La Dolce Vita Project. Those groups need more than warm words, and I think that Ms Dillon referred to that. They also need cold, hard, financial and practical support.”
“However, there are other cases in which abuse by one parent of another is not the issue, but children's relationships with one parent suffer as a result of a breakdown in the adult relationship. I would be grateful if, in her response, the Minister would confirm the aspects of the overlap between her Department and the Department of Health and, importantly, how the Departments can work together to address that difficult issue, which undoubtedly causes much hurt and harm.”
“The opportunity that the Bill presents will be squandered if, first, cases are not brought where appropriate and, secondly, convictions do not follow. Amendment No 23, which provides for independent oversight, is also important in that regard, particularly given the lack of a domestic abuse commissioner. <BR /> <BR />On another point that I will deal with quickly, I know that the Committee has considered the issue of parental alienation. I also know that La Dolce Vita Project in my constituency has been to the fore on that issue. Many of the cases that the Bill will be relevant to will be those that mean that children will be safer with supervised contact or with no contact at all with a parent.”
“While coercive control can pre-empt or reinforce physical abuse, it is a form of abuse in its own right, with lasting harm to victims. As others have done, I welcome the progress made, but I recognise the particular difficulties that other jurisdictions have seen in securing convictions for that type of abuse, which are not just the difficulties that we already face in securing convictions for physical abuse. There will be other evidential challenges that are particular to the type of behaviour that causes psychological harm. That is why amendment Nos 24 and 26 are so important. They will ensure that the data is there to monitor and understand how this translates from statute into practice. <BR /> <BR />Victims need to have confidence that their experiences will be recognised as abuse and to have confidence in the process.”
“Many of us will know people who have been through that. More worryingly, many of us will know people who are going through it, but we do not even realise it. That underlines, as if it needed underlining, the importance of amendment No 21 and training. If agencies cannot spot abuse, what chance do they have of stopping it?”
“There are people — women and men — who have been subjected to that type of abuse for years without even recognising themselves as the victim of anything. It may not be until they see what is happening to Yasmeen in 'Coronation Street' or Chantelle in 'EastEnders' that the penny drops. That is why it is important that we piggyback such vehicles to get out vital public information, messages of support and, crucially, offers of help to victims. <BR /> <BR />Sadly, however, domestic abuse is not confined to our airwaves and screens, nor does it manifest only through physical violence. Often, physical attacks occur only after victims have been cut off from support networks, emotionally abused and manipulated to the point at which they are more likely just to accept physical violence or are too afraid to leave.”
“I do not know how many people follow debates in here at the best of times, let alone those taking place close to midnight, but anyone watching this tonight could not fail to be impressed, and perhaps a wee bit surprised, by the collegiate approach, and even camaraderie, that the parties have shown to legislating on this significant and sensitive issue. Well done. Let us have more of it. <BR /> <BR />Interestingly, during that debate four years ago, I referenced a pioneering storyline from the long-running radio soap 'The Archers' that highlighted the issue of coercive control in a gripping but sensitive manner. Four years on, all the major TV soaps have done coercive control storylines. They are more than titillating story arcs that grip viewers, however. Those stories save lives.”
“Just over four years ago in the Chamber, I proposed an amendment to a motion on domestic abuse, rape and sexual crime, in which I called on the then Minister of Justice to criminalise such patterns of abuse and coercive control that victims are subjected to by their abusers. The Minister, Claire Sugden, was most receptive. I am sure that she and many others in here and outside share my frustration that, due in no small part to a three-year political stand-off that left us with no Assembly, we are able to do that only now. Let us hope that that is all behind us.”
“I will focus my remarks on amendment Nos 21, 23 and 26. It was not that long ago — certainly within the lifetime of many of us here — that the prevailing attitude was that these were private matters, but there is, at last, a recognition that domestic abuse is a public concern and a realisation that it requires a strong public response. This group of amendments is crucial to ensuring, monitoring and measuring the effectiveness of that response. Making psychological abuse and coercive control an offence, as clause 1 of the Bill would, reflects how public understanding of domestic abuse has evolved.”
“My colleague and the SDLP justice spokesperson, Sinéad Bradley, will set out the SDLP's position on each amendment, so I do not intend to take up too much of the House's time at this late, late hour. Suffice it to say, I support the Bill and those amendments that will help to tackle the scourge of domestic abuse. Lockdown has been a challenge for all of us. However, for many victims of domestic abuse who have been confined to their homes when home is not a safe place, lockdown has been extremely dangerous.”
“I thank the Minister for her answer. I am delighted to hear of the progress that she is making on the drafting of the Bill. Will the Minister outline to the House her vision of what the central components of such legislation should be?”
“I thank the Minister for her statement and very much welcome her decision to increase the amount of support that some people in desperate need can get. What we want to see, however, is an increase in the number of people who can get that support. The prohibitively low income threshold of £20,400 a household means that many working families and individuals remain ineligible for financial assistance. Their bills do not stop as a result of having to self-isolate, and many are left with the extremely difficult decision of either to follow the government guidance or to work to feed their family. Will the Minister consider raising the threshold?”
“I thank the Minister for her actions thus far. Will she detail what support is or will be available for non-musicians such as sound technicians and event organisers employed in the music industry?”
“I hope that stakeholders engage with the Committee Stage and that the Bill can be an example of the Assembly legislating effectively, as opposed to another news headline about a crisis at Stormont. Not only is that important for the businesses and consumers affected by the Bill but it sends a wider message about devolution, these institutions and our efforts to restore public confidence in them.”
“The Bill also makes changes to regulating the presence of under-18s in licensed establishments. That also has to be considered in the context of safeguarding and preventing any normalisation of unhealthy alcohol consumption. I look forward to hearing from the Minister and stakeholders about how the balance between economic and social activity and public health can be struck. <BR /> <BR />I will draw my remarks to a close by saying that I welcome the introduction of the Bill and the work that we as a Committee will do to scrutinise and improve it. It will be a welcome change to get our teeth into some proper legislative work that is not retrospective approval or a legislative consent motion (LCM) to give powers to Westminster.”
“<BR /> <BR />Thirdly and finally, much as the focus of the Bill is on the relaxation of licensing laws, we must not lose sight of the fact that we are always trying to strike the right balance between having a vibrant hospitality industry and responsible drinking. For example, the Bill does not introduce minimum alcohol unit pricing, which our party supports. I recognise that that is not in the Minister's remit, but perhaps she can let us know whether the Executive have discussed the issue and whether anything will come forward from the Health Minister in that regard. <BR /> <BR />Moreover, extending opening hours has a knock-on effect on policing, as Mr Allister mentioned, and enforcement. In turn, it creates the need for more awareness of and around problem drinking.”
“If we do not deal with that issue in the Bill and take a holistic view of the whole industry, it is highly likely that we will have to return to the issue, sooner rather than later. I hope that we can come to some sort of consensus across the House on the issue during the Bill's passage. <BR /> <BR />Secondly, it is within the scope of the Bill for the Committee and the House to look at the system of awarding licences, specifically their distribution as well as the total number available. The Bill is an opportunity to consider the provision of licences in rural areas in particular and the impact that the loss of one of the few local pubs, if not the only one, can have on a small town or village.”
“It should be possible to allow home-grown brewery businesses to sell their wares on their premises without creating a situation that would have people sitting in them drinking all day and all night, and many would question our ability to organise such an event even if we wanted to do so”
“The clause makes no provision for on-site sales of their beer, which is allowed in Britain and increasingly in other regions across the world. I have met representatives of the industry. Everyone in the House will have been lobbied by its representatives. I fully expect that that will be a major point for the Committee to consider. We will have to look carefully at the detail around opening hours and products and the sort of licence that Ms Ennis mentioned, but there is real potential here for the economy and for tourism. I understand that there are reservations, but a balance can be struck.”
“<BR /> <BR />The Committee will undertake line-by-line scrutiny of the Bill, but there are three main points that I wish to raise now. I will save the painstaking detail until later in the legislative process. The first is suggestions from local breweries and independent pubs regarding clause 8. I suppose you could call them "draught proposals"”