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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“My Department's objectives for minerals development are set out in the strategic planning policy statement for Northern Ireland. The objectives seek to facilitate sustainable minerals development through balancing the need for specific minerals development proposals against the need to safeguard the environment. My Department will seek to minimise the impacts of minerals development on local communities, landscape quality, built and natural heritage and the water environment, and, where development occurs, secure restoration of the site at the earliest opportunity. <BR /> <BR />I am aware that Dalradian Gold Ltd is in the process of developing a proposal for a gold mine outside Greencastle in County Tyrone.”
“That will give those with an interest in our built heritage in south Belfast a very good opportunity to engage with my officials and the expertise that is retained in the NIEA.”
“Gabhaim buíochas leis an Chomhalta. I thank the Member for the question. I also thank him for the virtual tour of his constituency. I would be happy to take him up on his offer to meet groups or individuals from the constituency who have an interest in preserving the rich built heritage that they are so blessed to have there. It is vital that we take what steps we can collectively to ensure its conservation. I am happy to have that meeting. <BR />Some Members will be aware that a second survey is ongoing of the whole of Belfast. We are now three quarters of the way through that, and the final quarter that has not been commenced yet is south Belfast. Work will commence on that surveying exercise in the coming months.”
“It is a very complex area of legislation, and I am considering a range of options to make it easier for district councils to carry out this important function effectively. While much of the responsibility for direct action on dereliction falls to the relevant district council, I am committed to supporting that action wherever and whenever that is appropriate.”
“That non-statutory guidance was prepared with the aim of encouraging a well cared for historic environment by promoting the retention of authentic historic fabric and the use of appropriate materials and historic construction methods for repairs and alterations. It also seeks to promote development that will reinforce the character of the area and townscape to safeguard the landscaping of the area. <BR /> <BR />In more general terms, I have also initiated a review of the legislation and powers available to district councils to deal with dilapidation. Much of this legislation dates back to the 19th century and is often restricted to a specific geographical area, leading to inconsistency in the powers available to councils across the North.”
“Responsibility for dereliction spans a number of organisations in central and local government. In particular, district councils have powers under the Pollution Control and Local Government Order 1978 and other local legislation to deal with dilapidated and dangerous structures. They also have primary responsibility under planning legislation to deal with listed or historic buildings in conservation areas that have deteriorated to the extent that their preservation may be at risk. <BR /> <BR />DOE has specifically addressed some of the concerns raised by residents of the Malone area by producing supplementary planning guidance, 'A Design Guide for the Malone Conservation Area'.”
“Following the most recent fish kill on the Ballymartin river, an extensive resurvey of Mallusk industrial estate, which I referred to in the previous answer, is under way. Work is also being undertaken on business premises adjacent to the Glenavy river. <BR /> <BR />NIEA continues to pursue robustly polluters throughout Northern Ireland through enforcement action. A core reality, however, is that, regardless of how much pollution prevention or enforcement work is undertaken by the agency and, indeed, other agencies, there will remain a small risk of some catastrophic failure, accident or criminal act leading to pollution, so there cannot be an absolute guarantee that pollution or fish kills will never happen again.”
“I thank the Member for his question on fish kills in that constituency. Fish kills can have several causes. It could be natural causes, which include post-spawning stress or the deoxygenation of the water due to the breakdown of naturally occurring organic matter and the stirring up of anoxic sediments during stormy weather. Fish kills can be caused by human impacts on the natural environment, including the release of organic materials such as slurry, silage, effluent, sewage or even milk. Disease causes fish kills, as can stress following the restocking of a river. <BR /> <BR />The Northern Ireland Environment Agency is committed to preventing pollution and fish kills throughout the North and is looking critically at its previous and current pollution prevention programmes with a view to identifying whether anything extra can be done.”
“A similar exercise had been carried out in the area a few years ago, but it is always good to refresh memories and remind people of their responsibilities and the simple actions that they can take that can have major environmental benefits.”
“I thank the Member for that question. First and foremost, it is not within the remit or gift of my Department to provide financial support for infrastructural improvements. However, we can and do provide advice to people in that regard. While I am on the subject of providing advice and education, let me say that that is precisely what my Department and officials have been doing over recent weeks and will be doing for months to come with regard to the industrial estates that the Member referred to. My officials are visiting premises to examine how they do things and to point out where and how they could do things better. Hopefully, that will reduce the risk of potential future pollution incidents.”
“I thank the Member for the question and, indeed, for raising the issue again. I have worked closely with him and his constituency colleagues on the issue. I like to think that the work that we have done with local elected representatives and, most importantly, anglers in that area could be replicated across the North, because it is important that the NIEA and other government agencies build relationships with angling groups. It should not be a gamekeeper/poacher-type relationship, if you pardon the analogy. There is a lot to be gained through working in partnership. Let me assure the Member and the House that no person or organisation, be that government or otherwise, will be immune from investigation or punishment should they be found to be the cause of fish kills or any pollution-type incident.”
“There have been three fish kills on the Glenavy river: in June 2014, in October 2015 and in December 2015. The offender in the June 2014 incident received a formal caution and paid compensation to the local angling club. The 2015 incidents are under ongoing investigation concerning a recurrent pollution source. <BR /> <BR />A file is being prepared for submission to the Public Prosecution Service regarding polluting premises discovered in follow-up investigations to the October 2014 fish kill on the Sixmilewater at Ballyclare. It was not possible to link fish mortalities conclusively to those premises. <BR /> <BR />Investigation of the major fish kill on the Ballymartin water in August 2015 is nearing completion.”
“Key aims of the reform of the industry are improved accountability, so that taxi users can be sure that they are being charged an appropriate rate, and improved access to taxis in general for ordinary taxi users, wheelchair users and other customers with a disability. I am happy to say that the new regulations will go a long way towards achieving those aims. It also means that passengers will be protected by the introduction of a mandatory maximum fare, and the introduction of meters into all cars will mean that passengers can see what they are being charged, safe in the knowledge that it will not be above the maximum fare stipulated.”
“Following the annulment of that legislation last February, my officials worked closely with the Environment Committee to establish common ground on which to base new draft legislation, which has now passed successfully through the Assembly and will become operative at the end of May.”
“I thank Mr Maginness for that question and for the compliment. However, I point out that the process is far from concluded, and I believe that the legislation, which was initially passed by the House in 2008, will soon be due to be reviewed. It ought to be reviewed as soon as possible once the regulations are in. <BR /> <BR />Throughout the long development of the new legislation, the driving force was a desire to improve the experience of the taxi-using public here by bringing our taxi law up to date. You will recall that the original raft of subordinate legislation included provision for a single-tier system. This meant that any taxi could be hailed at any time by anyone across the North.”
“I thank the Chair of the Environment Committee for that question. I have not yet had the meeting with the Consumer Council to which she refers; it is possible that I may meet the council in the near future on the issue as we try to get a robust and workable way forward. I am aware — I alluded to it in my initial answer to Mr Weir — of the difficulty that this will cause for drivers and, ultimately, passengers and customers, particularly in rural areas. That is why I have given the commitment to bring something to the Committee in the next couple of weeks on how this can and should be resolved.”
“I know that many of my constituents — well, they are not my constituents any more because they live maybe five minutes away in County Donegal — would be inclined to lift the phone and ring a taxi office in Derry to come and get them and bring them into Derry, which is, strictly speaking, not permissible. However, it is what people do, and it is what works for them. It is also what works for drivers, and it is ridiculous that it should not be allowed.”
“I thank the Member for that question. He has pointed to one of the aspects that makes this such a complicated area to legislate in and for. Currently, the cross-border arrangement for taxis is, in my opinion, unacceptable. That applies across all vehicles that might be classed as taxis, including wedding cars, for example, which are classified as taxis under the legislation, albeit as class C taxis. <BR /> <BR />For many years and with just cause, I believe, a blind eye has been turned by the authorities on both sides of the border to cross-border taxi journeys. I have raised the issue with the Transport Minister in the South previously, and I would like to see something in legislation to enable the smooth carrying out of this business across borders for our constituents.”
“I am already looking at some of the dates we set out to see what room there might be to push them back to ensure that this transition, important as it is, is managed and carried out in a way that does not make it too difficult or impossible, as, in fact, has been the case many times, for drivers to comply with what is being asked of them.”
“I thank the Member for that question, and I think his description of this process as "very difficult" is perhaps the understatement of the day. <BR /> <BR />It is important that we monitor it, and the Member will be aware of the timelines that have been set out for the implementation of regulations. That monitoring has started already. Over the past week or more, I have been inundated with calls and have had several meetings with people at various levels of the taxi industry: drivers, taxi company owners and the providers and manufacturers of meters.”
“My Department has undertaken some further research into the matter, and I have accepted that there is an issue to address. Therefore, my officials are examining this in conjunction with the Department's legal advisers. I have made a commitment to the Environment Committee that a legislative amendment will be made within this Assembly mandate to ensure that no negative impact is experienced by taxi operators or customers in rural areas. I expect to be able to advise the Committee of my intended course of action before the end of this month.”
“While, a couple of years ago, we saw an increase in casualties and fatalities involving cyclists — that was perhaps attributable to the huge increase in the number of people choosing to cycle on our roads — in the last couple of years, we seem, fingers crossed, to be seeing a downward trend in that. That suggests that motorists are more aware of cyclists on the roads and, indeed, that cyclists may be becoming more aware of their responsibilities as road users.”
“I thank the Member for that question. As I said, I do not think that anyone should be denied the opportunity to learn how to stay safe on our roads. It is important that we explore every avenue to get the message to as many people as possible about how they can stay safe on our roads. It is shocking to think that some people are being denied that. Unfortunately, there are many children across our school estate who do not have access to bicycles. That is something else we should look at. <BR /> <BR />The safety of cyclists is extremely important, as is, as I said, the safety of all road users.”
“That is proving to be very successful so far, and the feedback that we are getting from young people shows that it is proving to be quite popular. Time will tell how effective it proves to be. We should continue to look at new media as a means of getting out the messages. <BR /> <BR />The Member asked specifically about the impact of last year's Budget cuts on our road safety spend. I saw a reduction in the £1·8 million that I was able to spend on road safety to £1·1 million.”
“We have increasingly looked at social media as a means of getting out our road safety messages to the traditionally hard-to-reach audience; namely, young people who are less inclined to sit and watch 'Coronation Street' and are more likely to be up in their room online.”
“I thank the Member for her question. I have to confess that my keenness for cycling pales in comparison to that of her party colleague the former Minister for Regional Development. <BR /> <BR />Undoubtedly, the budgetary constraints that have been faced by my Department, the Executive and the Assembly have had, and will continue to have, an impact on the amount of money available to me, as the current Minister, or to any future Minister with responsibility for road safety, to spend on road safety. One thing that those constraints has caused us to do, however, is to look at how we are spending the money that we get for road safety. Doing that has enabled us to be a bit more inventive.”
“I thank the Member for the question. Cycling is something that he is very passionate about, and I had the pleasure — well, the experience — of being out on the bike with Mr Douglas and trying to keep up with him as he cycled through his constituency one afternoon. It is important that we make the cycling proficiency scheme available to anyone, or to any school that wishes to avail itself of it. Therefore, I will certainly look into the issue. I will look at who is being denied access to the scheme and why they are being denied access. It is vital that we get all our road safety messages out to as wide an audience as possible. Where there are keen learners, it is important that we take advantage of that.”
“<BR /> <BR />A cycling skills and cycling safety guide, developed jointly by DOE and DRD, is available in hard copy and online and provides information on the benefits of cycling, basic safety requirements and the rules of the road. I recognise the continuing challenges of reducing casualties on our roads and will take forward further actions as appropriate from my Department's ongoing analysis and research of road safety issues.”
“A cyclist safety education pack that is based on the television campaign has been developed and made available to all schools and other interested organisations. It includes an eight-minute DVD, which provides a wealth of advice for cyclists. Some clips from the DVD are also available on YouTube; namely, on the use of cycle lanes and on HGV and cyclist blind spots. <BR /> <BR />Each year, my Department offers the cycling proficiency scheme (CPS) to every school in Northern Ireland. This year will be the second year of the new enhanced CPS being delivered in primary schools. During the most recent CPS season, approximately 400 schools and over 7,000 pupils participated.”
“The road safety strategy recognises cyclists of any age as vulnerable road users and includes a range of actions that relates to cyclist safety. A new cyclist safety television campaign, titled "Don't forget", was launched in April 2014, where cyclists and drivers are encouraged to take personal responsibility for their behaviour on the roads and to give other road users due consideration. The core message of the campaign is this: "Respect everyone's journey". <BR /> <BR />The campaign messages are addressed more fully in the online campaign, which is available on the NI Direct website, where each scenario in the ad is developed, and more detailed advice is provided to drivers and cyclists alike. The campaign has been supported by outdoor, digital and social media activity.”
“It has been a particularly complex piece of legislation, and they have worked hard to answer the many questions that I, for one, have had to ask them.”
“I conclude, a Cheann Comhairle, by thanking, as did other Members, the Committee staff for their work throughout the process and, indeed, my own officials.”
“Mr Patterson said that he hoped that the new Minister would be aware of the importance of consultation: I do not think that I am over-egging the pudding or blowing my own trumpet when I say that I think that good, strong and thorough consultation have been a hallmark of my Ministry. I also concur with Mr Patterson's views on health, education, the economy and much, much more.”
“The Assembly will be kept informed and, indeed, consulted as flesh is put on the bones of the Bill through regulations. I am glad to hear Mr Boylan articulate his concerns about whether primacy will be given to environmental regulation in a new Department. That should serve as a reminder to us all that we all have a duty and will have a duty in the next mandate, hopefully, to promote the importance of protecting our environment. <BR /> <BR />I thank Mr Maginness for his kind words. I am certainly going to miss him. I congratulate Mr Patterson on his elevation to the Assembly. The transition from frying pan to fire is never easy, but he made a fine maiden speech. I am sure that we will hear much more from him. I join him in wishing his immediate predecessor Mr Somerville well.”
“Go raibh maith agat, a Cheann Comhairle. I thank Members for their contributions to today's debate and throughout the legislative process. In particular, I thank the Chair of the Environment Committee, who today made, as always, a telling contribution. I take the opportunity to reassure Ms Lo and, indeed, the House that environmental standards will not be lowered as a result of this simplification of environmental regulation. <BR /> <BR />Mrs Cameron also spoke today. She never misses the opportunity to raise fish kills in her constituency. Like her, I am sure that the improvements in regulation will lead to a reduction and ideally, some day, a complete eradication of incidents of that type. <BR /> <BR />Mr Boylan spoke of the "skeleton" Bill.”
“<BR /> <BR />Part 5 contains amendments to the Water and Sewerage Services (NI) Order 2006, which will transfer responsibility for the regulation of drinking water quality for public supplies from DRD to DOE. DOE currently has responsibility for private drinking water supplies. That will result in a more streamlined, efficient and transparent administrative structure that is in line with the aims of the better regulation agenda. It will help businesses and consumers by removing the potential for confusion over which Department is responsible for the regulation of public and private supply. There will be no changes in regulatory impacts on businesses, as my Department’s Drinking Water Inspectorate’s regulatory functions will remain the same. <BR /> <BR />I commend the Environmental Better Regulation Bill to the House.”
“<BR /> <BR />Part 4 contains amendments to the Environment (NI) Order 2002, which are deregulatory measures to remove the requirement for a further assessment when an air quality management area has already been agreed. That will allow district councils to prepare and implement air quality action plans more quickly and avoid duplicating information already gathered, either in the earlier detailed assessment stage or in the preparation of the air quality plan. The change will have no impact on businesses and is in line with the view of local authorities in the rest of the UK, who see further assessments as an unnecessary burden that is an impediment to the speedy preparation and implementation of local air quality action plans.”
“The purpose of the code is to ensure greater consistency in the exercise of powers of entry and provide greater clarity for those affected by them. <BR /> <BR />Part 3 contains amendments to the Clean Air Order 1981 that will provide for a new streamlined method for listing authorised fuels and exempted fireplaces for use in a smoke control area. The new arrangements will streamline the process for authorisation, with newly approved fuels and exempted fireplaces being authorised for use in smoke control areas each month, rather than the lengthy preparation of six-monthly regulations by my Department. It will also reduce the delay that manufacturers and consumers currently face when new fuels and fireplaces are brought onto the market.”
“A report will be produced after the review, outlining findings and proposals on how my Department intends to reform powers of entry and associated powers, using the enabling powers outlined in the Bill. The report will be laid before the Assembly, and any enacting of the reforms outlined in the review through future legislation will be subject to consultation, as outlined in the Bill. <BR /> <BR />Part 2 also commits my Department to prepare a code of practice that authorised persons must have due regard to. The code, which will be laid in draft before the Assembly, will set out in detail the guidance and considerations that apply before, during and after powers of entry and associated powers are exercised.”
“It is intended in particular that regulations made under the power will simplify and rationalise a wide range of existing measures relating to pollution prevention and control, waste management licensing, the water environment and radioactive substances. The aim is to move towards a single regulatory structure that will be significantly easier to use for both the Department and the businesses carrying on regulated activities. <BR /> <BR />Part 2 commits my Department to a review of all environmental powers of entry and associated powers to ensure that the powers are still justified and are used proportionally. During that review, my Department will also examine whether similar powers could be consolidated with a view to a more transparent and simplified regime for businesses and regulators.”
“<BR /> <BR />The Bill, as I have said previously, is primarily enabling legislation, and has already been thoroughly examined and spoken about in great detail during its passage to this point. I will therefore refer only briefly to its key provisions. <BR /> <BR />Part 1 and schedule 1 enable my Department to introduce an environmental permitting regime to replace the existing array of permits. This will reduce red tape for compliant operators and allow the Department to focus on higher-risk activities. Subordinate legislation, supporting measures and guidance will be developed to deliver the new regime.”
“<BR /> <BR />The Bill is an important step in my Department's regulatory transformation programme, which will deliver an innovative and streamlined regulatory system that supports sustainable growth and increases compliance in the 21st century. The programme includes an ambitious and extensive programme of legislative reform, operational delivery and modernisation of supporting frameworks to create a more effective and intelligent regulatory system that is risk-based and outcome- and customer-focused. The overall agenda is to develop a framework for smarter, better regulation that works in partnership with businesses and contributes to a new strategic objective for the Department.”
“Currently, Northern Ireland environmental regulators operate under 230 pieces of environmental legislation, which has produced a complex and unwieldy legislative landscape that is difficult for the regulated to understand and for the regulators to enforce. It is clearly a system that should no longer remain unaltered. The Environmental Better Regulation Bill aims to harmonise and simplify aspects of that body of environmental legislation. Better environmental regulation will mean a cleaner, safer environment for all. It will also mean that businesses will benefit from the simplification and reduction of the legislative burden under which they operate, while the Department will benefit from a more cost-effective use of its resources.”
“I also express my thanks to my Executive colleagues and to Members for their ongoing support for the Bill, right from the start of the process to its present Final Stage. <BR /> <BR />Aristotle is credited with saying:”
“I am delighted that the Environmental Better Regulation Bill has at last progressed to its Final Stage. The Bill is a very worthwhile and positive development and, as I said during the Second Stage debate, is to be welcomed by all Members. I am grateful that that has proved to be the case thus far. <BR /> <BR />First, I express my thanks to the Environment Committee for the broad support that it has given to the Bill following its detailed and thorough scrutiny of the clauses and for its further engagement with a wide range of key stakeholders. The Committee's constructive and helpful recommendations brought about some amendments at Consideration Stage that improved and strengthened what was already a very solid Bill.”
“Of course, we will then face the challenge of getting the Executive and then the Assembly to agree on climate change legislation. That will not be an easy task, and I am sure that the Member has sat in on numerous debates on the topic here. However, I do not think that it will be an impossible task. We just have to look at the success of the COP21 conference in securing a historic agreement. People with views — much more disparate even than those of Steven Agnew and Sammy Wilson — sat down and were able to reach an agreement for the common and greater good.”
“I said that in advance of going to the COP21 negotiations in Paris, where I took the opportunity to speak to Ministers and people from other jurisdictions about climate change legislation in their respective jurisdictions or countries. I think that that was a very valuable thing to do. It made me come back with quite a different view on this. In some areas where there is climate change legislation, people point to it and say, "If we were to do it again, we would do it differently". So, sometimes, there might be an advantage in going last, in that we will be able to cherry-pick from other jurisdictions what works well where and what does not work.”
“I thank the Member for that question. He was probably not expecting that we would get there, so he dug out an old one. I was not expecting another question either. <BR /> <BR />It is a cause of some regret to me that we here in the North do not have climate change legislation. I said previously on a radio interview that we should be a wee bit embarrassed about the fact that we do not.”
“I thank the Member for that question. It is quite pertinent, given the series of questions asked during Question Time proper around the importance of our built heritage. Reference was made earlier by a couple of Members to a building in Magilligan, on Seacoast Road, which is now in an awful state of repair. It is a thatched cottage that is and should be of tremendous value. I visited a similar 300-year-old cottage in Upper Bann yesterday that has been severely flooded. I think that it is important that we look at what measures could be taken to ensure that it will be protected from any such incident in the future. It is important that we do everything that we can to protect all homeowners or dwellers, but I think that it is particularly important that we take what steps we can to protect buildings of that age and historic importance.”
“<BR /> <BR />Yesterday, I visited some businesses in the Upper Bann constituency, although it is not just those businesses that are affected. They felt particularly let down by all of us collectively as government. I got that message pretty loud and clear yesterday. We need to look at other jurisdictions and see how they have responded to flooding crises in their areas, and I think that we might have a lot to learn from them.”