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 bringing this to the Floor of the House. This has been discussed in Committee a couple of times, as the Chair has outlined, and I think that it is fair to say that I am not the only member who has been a bit cautious and maybe even a bit confused about committing to supporting this. That has been compounded, I suppose, by the arrival of correspondence from the Northern Ireland Human Rights Commission last week, which the Minister referred to, and I commend her on her action stemming from that. <BR /> <BR />I will seek some clarifications and assurances from the Minister, and I am sure that she is well able to provide them.”
“Like everyone else, I was delighted to hear the Executive announcement last week that the arts were finally getting funded. Well done to you, Minister, for your role in that. Now that you have got the money in, the focus is going to be on how you get the money out. It is vital that that is done in a fair and equitable way that gets the biggest bang for your buck — or our buck. Can or will consideration and assistance be given to those musicians and singers who have suffered throughout COVID, but who were dealt another blow last week with new rules on hospitality that have virtually prohibited them from earning money in that way?”
“I concur with the points that other Members made about the need for clear, concise and cogent messaging on what are, on the face of it, pretty complicated regulations. Will the Minister confirm what, if any, implications the introduction of the new restrictions will have for separated parents and their access and childcare arrangements?”
“The project clearly falls under the remit of the Department of Health, which will, obviously, support, and has called for, funding from other sources. Although it is clearly Minister Swann's responsibility to lead on it, the Executive also have a responsibility. We have had Ministers tripping over themselves to give their commitment, or talk about their commitment, to mental health. Talk is cheap. Life is precious, and saving lives is precious. The retention of the long-term funding of the project is good value for money. It needs to be done, Minister; please, do it.”
“I know many of the individuals in the trust and the Department who work flat out round the clock, under huge constraints and stress, to tackle ever-increasing and evermore complex cases, but there is clearly a systemic issue. It is still evident in the mental health budget, and in how difficult individuals find it to access the support that they need, when they need it. Other community-based initiatives should be embraced, not feared and rejected. It is about complementarity, not competition. <BR /> <BR />My recent proposal for a north-west suicide prevention task force has been dismissed as it would undermine work currently being done. I do not want to undermine it, but underline it, because the sad reality is that too many people believe that nothing is being done.”
“My thoughts are with all of those families who have been devastated by suicide, and with the individuals who battle with demons every day. I commend the council on its efforts to get this up and running. It had to do it, because no one else was going to, but, now, I cannot help but feel that the project is suffering because it was council-led and that someone somewhere in the Department of Health is saying, "That wasn't my idea, so I don't like it". If that is the case, tell us what you do not like. Help to support and shape the service; do not starve it. We need to protect life, not egos. <BR /> <BR />I thank all of those involved in the gruelling work of suicide prevention in the statutory and community sectors.”
“It has been a success despite uncertainty over its future, its staff being uncertain about their futures, and lurching from one funding crisis to another. That is not the way to run any service but it is definitely not the way to run a service of this nature. The dark cloud or spectre of closure hanging over it is not just bad for the morale and retention of the diligent, dedicated staff, it is bad for the collective mental well-being of our city. I take this opportunity to place on record my appreciation and respect for those Extern staff. <BR /> <BR />Derry City and Strabane District Council did not embark on this project for the craic. The evaluation makes for stark, sore reading. The rates of suicide and self-harm in the north-west are shocking; they are scandalous. It is so sad.”
“We even had to get a significant contribution from Foyle Search and Rescue, a tremendous local charity, to make ends meet. <BR /> <BR />It was only after my intervention, I have to say, in identifying underspend in the Belfast de-escalation service, and getting it redirected it to Derry, that Foyle Search and Rescue could be reimbursed their £20,000, which they have now used doing what they do best: saving lives and helping families in their darkest hours. <BR /> <BR />The service has been a success. Do not just take my word for it — the Minister will have read the evaluation. It has saved lives, and like Gary, I have heard directly from people who say that they would not be here today had it not been for the community crisis intervention service.”
“I think Gary Middleton for tabling the motion. As the Minister will hear this afternoon, and as he already knows, there is unanimous and strong political support for Derry's community crisis intervention service, and with very good reason. Often in this Chamber, and more so than outside in the real world, we see or hear division over the daftest of issues, and sometimes over fundamental political ideology, but suicide prevention and saving lives should and does unite us all. <BR /> <BR />This critical, life-saving service is something that our city — Derry, Londonderry, whatever you want to call it, though I just call it home — was crying out for. It was and is very badly needed. <BR /> <BR />The council led the way. They had to drag the Western Trust and the Department of Health to the table.”
“I fully understand local concerns and objections to this application. Indeed, I heard some of them during my tenure as Environment Minister. I recognise the difficulty in making major decisions such as this. <BR /> <BR />We have heard today of the huge benefits that this will bring to businesses and the welcome that approval has received from businesses. Will the Minister outline what this approval will mean for ordinary people?”
“I thank the Minister for her answer. However, methinks the Minister doth protest too much. She has always had the power to intercede but did nothing. You cannot cherry-pick who you want to help. Can the Minister tell the House whether there are any other areas of work that she is having difficulty fulfilling and might be waiting for another Minister to come along and do for her?”
“As the Minister with responsibility for further and higher education, will she explain why it has taken years, an extremely detailed business case and unprecedented lobbying to get the medical school at Magee eventually approved, yet the extra medical places at Queen's in Belfast can be agreed without such a business case and apparently at the drop of a hat?”
“I thank the Member for giving way. I was going to interject during Ms Armstrong's speech. I certainly concur that it is the time for action rather than exploration, but will the Member accept that the motion that he is going to support merely calls on the Minister to "consider" such a scheme? That is the action that is about the same as asking the Minister to "explore" such a scheme, which the amendment calls for.”
“<BR /> <BR />It is not just a case of making space above commercial properties habitable; we should identify the potential pitfalls and learn the lessons of such a scheme in England in the late 1990s. The weakness of that scheme stemmed from its failure to consider access to public services. Families, in particular, need convenient to doctors' surgeries, schools and play parks, as well as needing parking. Without consideration of those issues, accommodation above shops will, I fear, promote only transience rather than the long-term sustainable communities that we want and need to build. <BR /> <BR />I support the amendment.”
“There are clear benefits from repopulating our town centres and generating much more economic activity. Living over the Shop schemes make use of existing infrastructure and provide housing much more quickly than the time it takes to build entirely new houses. While we all want to see new homes built or provided, there is a risk of rushing in with grants and ending up with housing that is unaffordable and unsuitable for those in greatest housing need. The departmental report that I mentioned cited research that showed that city centre living was most likely to appeal to young, single professionals. They certainly need housing and are part of what makes city centre living so vibrant, but the majority of people I meet who are in housing need are families with children.”
“An updated assessment would also have to reckon with the brutal reality that many shops in towns and city centres will struggle to stay open in the coming months and years. <BR /> <BR />There are few areas of public policy that housing does not touch. The labour market, education and health are chief among them. That is why we in the SDLP have called for a 20-year housing strategy that would incorporate supply, affordability, regulation of the growing private rental sector and tackling homelessness. The solution to our housing crisis is not simply increasing supply; it is about increasing the supply of affordable high-quality housing for sustainable communities. <BR /> <BR />Encouraging private landlords to develop the empty spaces above commercial properties requires careful consideration and strategic planning.”
“I will also support the amendment, which I believe to be complementary, as a Living over the Shop scheme that begins and ends with grants to landlords has more potential pitfalls than benefits. <BR /> <BR />A 2016 report by the Department, to which Fra McCann referred, looked into the need and demand for such a scheme. I am sure that the Minister is familiar with that report, and updated information on the data provided would be useful for a fresh look. I hope, however, that the Minister will go beyond it and undertake a comprehensive assessment of the viability of such a scheme, taking into account how many homes such a scheme could create in each constituency, affordability and town planning issues in terms of convenient access to public services and facilities.”
“Every Member will be all too familiar with the long housing waiting lists across our constituencies: 38,000 applicants in total but with fewer than 2,000 new social housing units being built every year. With the greatest need being in my constituency, Foyle, where we have nearly 3,000 households on the housing waiting list, I welcome any innovative measure that will help to ensure that everyone across the North has a roof above their head. I commend the Members for Upper Bann and North Belfast for tabling the motion.”
“Minister, I wish you well with your bid, and I will take Mr Givan's earlier question as an indication of DUP support for that bid. Getting the money into the Department is one thing; getting it out to those who need it is another. Can the Minister assure us that her officials have been working with the Arts Council and others to design a scheme that ensures that the money gets to where it is needed and does so as quickly as possible?”
“I commend the community and voluntary sector for its invaluable work throughout the COVID-19 crisis and, no doubt, beyond. <BR /> <BR />The Minister referred to the fact that no groups have lost their funding. Will the Minister give a commitment to look at the community and voluntary groups — vital lifelines in their communities — that fall out of the normal funding streams of her Department? For example, Eglinton Community Hall in my constituency is not funded by DFC but it is an integral part of the fabric of the community, provides many services and has been a lifeline throughout the COVID period. However, because it cannot generate any rental income, it has had to resort to crowdfunding efforts to generate funding.”
“A public inquiry is now the only credible means left to secure the accountability and scrutiny that the scandal demands. I urge the Minister to commit to that full public inquiry and, if he cannot, to explain why he would resist it. I support the motion and the amendment.”
“That is recognition, I am sure, that the families will welcome, but the report also reveals that the since-retired staff member who could shed some light on the CCTV issues did not respond to the review team's request to meet. Only a public inquiry could compel witnesses to attend to gather all of the evidence needed for thorough investigation and recommendations. The scandal has not only uncovered the shameful systemic abuse of some of our most vulnerable citizens but rocked and shattered confidence in our whole care system. What is more, only a public inquiry can provide the independence and authority that are a prerequisite for the residents and their families to trust in its proceedings and findings. <BR /> <BR />The Minister rightly said last month that the families deserved answers. Today, they are still waiting for those answers.”
“The departmental review makes for devastating reading:”
“I commend him for doing his best to get to grips with this in the midst of the pandemic dominating his and officials' time and efforts, but I urge him to take the next step and establish a public inquiry under the 2005 Act, as the families have consistently called for. The SDLP has always taken our lead from the families, and I take the opportunity to pay tribute to them for their dedicated and dignified work, striving to secure truth and accountability and trying to ensure that no other family is subject to what they and their loved ones have been subjected to. Their calls for a public inquiry have our full support. <BR /> <BR />The terrible abuse at Muckamore has led to the biggest criminal safeguarding investigation that we have seen in Northern Ireland. That this would not be complemented by a public inquiry is, to my mind, bizarre.”
“<BR /> <BR />I have said in the past that this should prompt a wider review of the safeguarding system across our health and social care sector, so I am extremely alarmed by a more recent report of a safeguarding incident just in July of this year in Muckamore. We should be under no illusion that this is purely an historical issue, a point also made by Mr Clarke. <BR /> <BR />Apologies for the failures that allowed the institutional abuse and cruelty to take hold have certainly been forthcoming. I very much welcome the Minister's apology in August, when the departmental review was published, and I note his intention to set up an inquiry. I do not doubt his commitment on this.”
“It is now three years since the wide-scale abuse that took place at Muckamore Abbey Hospital came to light. The intervening years have not diminished the horror of the events that have been recounted here today; in fact, they have only made the need for accountability and justice more acute. The very people entrusted with the care of vulnerable residents dehumanised them and abused the trust that residents and their families put in them. Any individual who subjects a vulnerable adult or any vulnerable individual who relies on them to attacks and mental abuse is despicable, but they were enabled to do so by the Belfast Trust's oversight failures. The depth of violation and distress that those people have suffered is unimaginable.”
“The deadline to prepare for the end of the transition period is rapidly closing in, yet the support for businesses to adapt cannot end on 31 December, and nor can it take place without a strategy for wider economic recovery.”
“The economic benefits of doing so would filter out well beyond the education sector and, undoubtedly, well beyond the wonderful city of Derry.”
“The concentration of economic activity in Belfast has always been a problem, but it comes under even more strain when faced with the greater demand for flexible working. The old model of expecting workers, young and old, to flood into one city for the bulk of job opportunities already looks antiquated. We need to address regional imbalance urgently, and the most impactful way of doing so would be by expanding university provision in the north-west.”
“Over the summer, we published the SDLP's four principles for a long-term economic recovery, and they take into account the distinctiveness of our economy in terms of its sectoral, geographical and governance profile. I fully believe that those are principles that every party in the Assembly could and should support. We need greater powers for the Assembly and Executive so that we can disperse economic activity more equally and sustainably across the North. <BR /> <BR />We are all well aware of the problems embedded in our economy. We tend to — I certainly do — speak about the east-west divide in Northern Ireland, which is particularly pronounced in my constituency of Foyle. There is, or seems to be, a divide between Belfast and the rest of the North.”
“I also ask the Minister, in her response, to set out what plans she has for ongoing support once the transition period ends. A few lines on nidirect just will not cut the mustard, nor will bombarding businesses with copious amounts of guidance that they have to wade through. Businesses need easy access to detailed, practical and, importantly, tailored advice to help them navigate the post-Brexit trade landscape, and they need to know what financial support will be there to enable them to do so. <BR /> <BR />Stepping back, all of this, of course, takes place against the backdrop of our local economy. We sometimes hear about the pandemic and Brexit offering an opportunity to rethink the economy and the world of work, but, in fact, they demand it.”
“The struggle to prepare would have been difficult enough without the crisis that many of our businesses are facing today; they are simply trying to survive. The working group's comprehensive document lays bare the unanswered questions, and Mr McAleer highlighted a few. That is why I have joined my colleagues in signing the amendment calling for the Executive to set out details of the legislation that they need to introduce and that the Assembly needs to pass to ensure that businesses, employees and consumers can go into 2021 with at least the burden of uncertainty lifted on that front. As legislators, we need a time frame for and an outline of the passage of that legislation. <BR /> <BR />The Minister should also provide multiple information and training opportunities across Northern Ireland at no cost to businesses.”
“Long before the COVID-19 pandemic, warnings about the damage that the UK Government's plans, or rather lack thereof, would cause for Northern Ireland beyond the 31 December came loudly and frequently from Members of these Benches and from the business community. Those warnings were met by Cabinet Ministers contradicting one another on what paperwork would be required to send goods to Britain, and, when asked how they might square that circle, they gave vague assurances about the regime that would be implemented. Now we learn that they could well be reneging on what they agreed. <BR /> <BR />The impact of the pandemic has made the scale of the task even greater, as our SMEs face the double whammy of that economic hit and the end of the transition period. We are now just over three months away from that ending. Time is of the essence.”
“I thank the Minister for that answer. Perhaps she would expand on what arrangements are in place to manage visits and ensure that prisoners' families are able to see their loved ones, particularly at this extremely difficult and stressful time, and whether there are any plans to review those arrangements.”
“— an agreement that has brought us all back here. Let us honour that commitment. We need an Act, and we need to act.”
“We will not support the amendment. We believe that it kicks the can further down the road. <BR /> <BR />The Department has, I believe, done enough work to know what needs to be done. As a Bill makes its way through a robust legislative process, there will be ample opportunity for engagement, evidence gathering, amendments and improvement. <BR /> <BR />Commitment to advancing this legislation is a cornerstone of the New Decade, New Approach agreement —”
“Having said that, I must acknowledge Minister Poots's green growth plans, the visionary work of Nichola Mallon as Minister for Infrastructure and the great work that has been done by many of our councils, including Derry City and Strabane District Council.”
“<BR /> <BR />As Mr Hamilton said, some good work has been done with industry, through prosperity agreements as one vehicle, to demonstrate the economic benefits and opportunities that going green can create. We have moved, or at least are moving, beyond the old-world view that environmental regulation must constrain economic performance and productivity. It is possible to create a better environment and a stronger economy. Standing still will deliver neither. We certainly stood still with no Government here for three years. It is time that we got moving. <BR /> <BR />I was going to say that things here happen at a glacial pace, but thanks to global warming the glaciers are probably moving quicker than we are.”
“That needed to be done as a matter of urgency five years ago. It needs to be done as a matter of emergency now. <BR /> <BR />The vast majority of responses to that discussion document were positive, with people and groups recognising the need for us to act. Support was not unanimous, though, with reservations and, in some cases, outright opposition, coming, not unexpectedly, from certain quarters in industry and agriculture. The commercial concerns expressed have perennially been reflected in political opposition or, in today's case, resistance to a climate change Act from some quarters in the House. That is OK. It is natural to have different views and healthy to hear those views.”
“That is almost verbatim what I said in 2015, when, as the Environment Minister, I issued a discussion document that clearly set out the rationale for climate change legislation. At that time, there was a clear idea of how that legislation should look. It was our view that the Northern Ireland climate change Bill should:”
“Climate change is one of the most serious threats that we face, not just to the environment but to our health, economic prosperity and global security. As has been said, the overwhelming scientific consensus is that the impacts of climate change are accelerating and that they are largely driven by greenhouse gas emissions as a result of human activity. If we are to combat the devastating environmental, health, economic and societal impacts of climate change, we have a responsibility to act globally, locally and as individuals. <BR /> <BR />Given the right leadership and supported by the right legislation, we can deliver change in a manner that will not just help address the environmental challenges but that has the potential to bring about significant economic and societal benefits. That is not the first time that I have said those words.”
“I am also conscious, Mr Deputy Speaker, that I am straying from the narrow scope of the Bill, but that is a massive injustice. <BR /> <BR />The Bill should help to create trust in pensions savings. It is fair to say or, at least, I hope that it is fair to say that we all want workers to be able to attain a standard of living consistent with allowing them to save while in work in order to have dignity in retirement, secure in the knowledge that a regular income from a state pension and a workplace pension will allow them to enjoy their retirement without financial worry and without living in pensioner poverty. No one should have to live with the fear of not being able to afford to grow old. <BR /> <BR />We need to deliver the appropriate protection for savers, and the Bill is an important step forward in that regard. I support the Bill.”
“I am not sure whether the Minister intends to bring forward any other pensions Bills in the course of this mandate. Perhaps, she can address that later. However, one issue that the SDLP would love to see resolved is the one that has seen so many women born here in the 1950s left behind by the accelerated equalisation of the state pension age. Those women made their plans for retirement only to find their retirement age sneakily pushed back by a Tory-led coalition in Westminster, an unjust move that was endorsed and voted for by a majority including the Minister's party in the Assembly. I have raised the issue with the Minister Hargey, but I am keen to hear whether the current Minister has any plans to address the issue.”
“We recognise and support the need to ensure that there is adequate regulation for master trusts as they have developed since the introduction of auto-enrolment. Master trusts operate on a massive scale, and most are run on a profit basis. Currently, however, they are not subject to the same regulation as contract-based workplace pensions. There is no requirement for a licence to operate, and there are limited barriers to entry. There is also little guidance on who can become a trustee, and there is no infrastructure in place to support the wind-up of a failed trust. Given that the savings and pensions of hundreds of thousands of employees here and their employer contributions are at risk, we cannot allow that to continue. <BR /> <BR />The Bill is a narrow one, and that is certainly no criticism of the Minister or of the legislation.”
“That includes an authorisation and supervision regime for master trusts and, crucially, a cap on the early-exit charges and member-borne commission that arise under existing as well as new arrangements.”
“I thank the Minister for bringing the Bill and explaining its functions and I thank the Committee Chair for outlining its merits to the House. <BR /> <BR />As outlined, the Bill corresponds to the Westminster Pension Schemes Act 2017 and seeks to introduce a new regulatory framework for master trusts here.”
“It is a foundation on which to build — and build and build. I support the Bill.”
“I welcome the ambition outlined by the Minister in a press release earlier today, and commit myself to working with her, and with anyone and everyone, to realise and surpass that ambition. <BR /> <BR />We as an Assembly must also support the Infrastructure Minister in her attempts to secure vital funding for Northern Ireland Water, because no drains means no cranes. If we do not have adequate waste and water infrastructure, out best-laid plans for an ambitious social housing development programme will almost certainly go awry. I commend Minister Ní Chuilín for how she has taken on the baton from her predecessor and almost got to the finish line — it is very much in sight — with this Bill. The Bill will satisfy the ONS requirements to ensure the reclassification of housing associations. It is a start.”
“For context, the answer to a written question that I received from the Minister this afternoon revealed that, in the past five years, we have built a paltry 5,270 new social homes. We have purchased just over 900 off the shelf and, through existing satisfactory purchase and rehabilitation, added around another 1,200 units, giving us a grand total of 7,411 additional social housing units in five years. In the same time, we have sold off over 2,000 units through the house sales schemes in the Housing Executive and the associations. This is madness. The Minister has given a commitment to bring forward a separate piece of work, which we heard about again from her today, to address the mess that has been made of the Housing Executive almost 10 years after a fundamental review of it, and I urge her to do so without delay.”
“<BR /> <BR />While I support the Bill, and always have, I do regret the fact that my amendments at Consideration Stage were not supported. I have today listened to the Minister's explanation and I do accept it, although I still then question why the scope of the Bill was not wider in the first place. I am going to touch again on the rationale behind those amendments, not to try to argue for them again, but just to underline the urgency and importance of bringing that other piece of work that the Minister has promised to the Assembly. <BR /> <BR />Ending the mandatory right to buy in the Housing Executive as well as in the associations will stop us haemorrhaging over 400 homes a year from our social housing stock.”