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 Member for that question. First and foremost, it is important that we recognise that, finally, some help is to be given to victims that will go beyond the £1,000 that is available in my emergency financial assistance scheme. The detail of what that will be has yet to be decided. I know that the Minister of Agriculture and Rural Development and the Minister of Finance and Personnel are working up details on that, which I am sure they will be keen to finalise and share as early as possible. I am also involved in that, and I will use, I suppose, my own experience or the feedback that I have been hearing from people on the ground to input into that and, hopefully, help to shape their response.”
“I thank the Member for that question. I was under the impression that it would not have proceeded without some modicum of support from the composite councils. I do not have that information at hand, and I will certainly find it. As I said, it came as a bit of a surprise to me when the appeal materialised, given the strength of feeling among the public, which I am sure will have been reflected to, and then by, elected Members in all the affected council areas.”
“I thank the Member for that question. I have not had an Arc21 question in a wee while. The case is still with the Planning Appeals Commission. That was the decision of the applicant, who, I believe with the support of the composite councils, was to appeal my decision to refuse that incinerator. I have to say it was a decision that was met with, I would not say acclaim, but it was positively received by the public in the constituencies of the Members opposite. It will be up to the PAC to determine whether I made the correct decision. Ultimately, it will make a report, which will come back to me, or whoever will be Minister after me, to make the final decision on it.”
“I thank the Member for that question as well. I said that I would be happy enough to meet the group; if I can get away with my officials doing it, even better. As I said, it is primarily an issue, function and responsibility associated with another Department. I do not want to speak for her, but I am sure that the Minister for Regional Development would be happy enough for her officials to engage in such discussions as well. This was an area where her predecessor Danny Kennedy, when he was Minister, wanted to see huge advances and where he concentrated a lot of his time and efforts.”
“At least, that is my excuse for taking so long to run a lap of it. The benefits go even further. If a greenway is constructed, managed and marketed correctly, it can have real tourism benefits for an area. We have not seen much of that here in the North yet, but look at Mayo in the west of Ireland: a real tourism industry has built up along the greenway, which provides opportunities for small businesses such as coffee shops, bars and restaurants. <BR /> <BR />There are many benefits of greenways, and I would be happy enough to meet any group proposing to establish one and see what assistance we could offer.”
“I thank the Member for that question. It is another one that would probably be best directed towards another Minister or Department, given that the Department for Regional Development is responsible for greenways. However, that will not prevent me — nor should it prevent me — from speaking about the benefits of greenways because they are so cross-cutting and wide-ranging. <BR /> <BR />First and foremost, greenways provide a safe environment for people to get about and live an active lifestyle — to go walking, running and cycling — which has huge benefits for mental as well as physical health. They also work wonders for social engagement opportunities. It is amazing, if you walk along the newish greenway in my constituency, how many people you meet and how many you have to stop and chat to.”
“It is imperative that we look at prevention rather than response, and the more we spend on prevention or mitigation and the earlier we spend it, the less will need to be spent on response, clean-up and any type of compensation or what might be perceived as compensation. <BR /> <BR />In legislation, there are strict enough parameters on what the carrier bag levy can be spent on. It has to be spent on projects that benefit the environment directly, and, while flood mitigation measures would certainly benefit one's environment if one lives in a house that is prone to flooding, I am not sure that it would tick the boxes to be eligible for funding from the carrier bag levy scheme.”
“I thank the Member for that question. Again, the fragmented approach between Departments causes a slight problem. However, there is a tremendous opportunity, given that the restructuring of Departments post the election will put DOE and DARD functions largely together. DARD is currently the lead for flood prevention measures. Indeed, I commend Minister O'Neill for the scheme that she launched on individual property protection, which will enable homeowners and — I believe that it is to be extended to businesses — business owners to avail themselves of a grant to make their properties more flood-proof.”
“That enables people to make their property habitable again as soon as possible without having to wait for an insurance claim to go through. <BR /> <BR />The Member is quite right: I have sought to extend the available assistance not only to householders but to businesses, community facilities and churches, because there is no legislative cover to do that in the scheme as it is. I submitted a paper seeking to do so to the Executive in November 2014 and was delighted when, last week, the Executive decided to explore the possibility of extending the emergency financial assistance scheme to businesses. We now have to ensure that that also extends to churches and community facilities.”
“I thank the Member for that question. Flooding has been an extremely topical issue for a number of weeks. Just yesterday, I took the opportunity to visit flooding victims in my colleague Mrs Kelly's constituency, which, as of yesterday, ceased to be under water. Those were businesses that were impacted by the flooding. <BR /> <BR />My Department retains responsibility for the emergency financial assistance scheme for victims of floods, which is administered through the councils. That offers a £1,000 emergency payment to householders who have been badly impacted by flooding. In the latest bout of flooding, if you want to call it that, since the start of December, 112 households right across the North have been impacted and have been in receipt of that payment.”
“I thank the Member for that question. While Japanese knotweed, and indeed other invasive species, is hard to control and quite unruly, I found it quite interesting that, in England, they had introduced ASBOs to deal with them. <BR />They have that so that they can bring landowners to book, should they not take measures to control the spread of Japanese knotweed to a neighbouring property. In addition to that ASBO power, they have a species control order (SCO), which gives power to relevant authorities to enter into agreements with landowners to eradicate invasive species. In extreme circumstances, SCOs provide powers to certain bodies to undertake work themselves and then recoup the costs. As I said, my officials are looking at a range of options, and I will certainly encourage them to ensure that that is one of them.”
“My Department's role is largely limited to the provision of advice and guidance to members of the public on dealing with Japanese knotweed on their land. My Department has no legal powers to force a landowner to undertake control of Japanese knotweed on their land. However, I recognise that there is an increasing problem presented by the spread of Japanese knotweed. I have therefore tasked my officials with carrying out an analysis of the scale of the problem and outlining options for further discussion with Executive colleagues. That is to be completed by the end of January.”
“I identify those as priorities. However, there is still a significant reduction in my Department's road safety budget. That is most regrettable, given the rise in road deaths last year and recent analysis indicating that the economic recovery that we hear about — some of us do not see that much of it — will make our work to reduce road deaths even more challenging.”
“I thank the Member for that question. In my previous answer, I was cognisant of the cuts and pressures facing all Departments with regard to what they can spend and where they can spend it. Severe cuts have been made to my Department's budget allocation. This has meant that, in allocating the remaining DOE budget for 2015-16, I had to review all elements of spend, including road safety advertising and educational budgets, to ensure that resources were allocated in line with my priorities. <BR /> <BR />Despite the extremely challenging financial position, I have been able to allocate just over £1 million to road safety communications grants and educational materials. I was then able to supplement that further through subsequent monitoring rounds, securing funds for two new campaigns that I referred to earlier.”
“<BR /> <BR />Therefore, while we recognise Departments' budgetary constraints, real efforts must be made to prioritise spend in areas where there is a real threat or risk to life.”
“I thank the Member for that question. I extend my sympathies to the family of that young victim. One can only imagine the pain that they are going through at this time. People will ask why something was not done before. I know that, time after time, when I am remonstrating still with Transport NI officials about the need to implement or introduce traffic calming in areas, I will often ask — and residents of that area will ask — whether we have to wait until someone loses their life before something is done. I see Mr Allister behind the Member. I know of his experience of making representations for a constituent about a school bus route's being cancelled. Sadly, life was lost that, perhaps, could have been saved had that not happened.”
“I think that should be enough to make other road users sit up, be aware and take more responsibility for their behaviour on the roads.”
“We have done, and will continue to do, all that we can by way of TV advertising campaigns, back-of-bus advertising campaigns and other initiatives, such as giving a toolkit to teachers to educate children, sending our departmental officials out to schools and funding community groups, including even the GAA and young farmers' clubs, to do their things with young people in rural areas to promote road safety. A lot has been spent on getting that message out there, but I do not know what could get the message out more effectively about the need for road users to be more careful than those harrowing figures that show that seven people have lost their life on our roads already this year — this month. Any death on the road is tragic, but when there are young people involved, as there have been many times this year, it hits home even harder.”
“Gabhaim buíochas leis an Chomhalta as an cheist sin. I thank the Member for that question. I would never rule out anything in what I would do to make our roads even safer, and I am happy to work with anyone to do so, even Executive colleagues. As I said, we work closely with other Departments, and I work closely with other road safety partners, such as those in the emergency services. The Member's suggestion is, indeed, a good one and might perhaps be worth exploring further. It is certainly not something I would rule out. <BR /> <BR />The Member asked whether the message is getting out.”
“As things are, they are posing a risk to the lives of other road users, be they pedestrians or children going to school etc. A similar situation applies, I suppose, to speed cameras. The location of speed cameras is something that I have raised with the PSNI on numerous occasions. I believe that they should be located on dangerous roads, as opposed to just busy roads, where many members of the public with, I believe, some justification, view them as cash generators. That is not what they should be there for. They should be put in places to save lives, reduce collisions and reduce the carnage on our roads.”
“I thank the Member for that question. While my Department and I retain responsibility for road safety policy, when it comes to matters such as speed limits and road safety measures, it is the Department for Regional Development that retains responsibility. That is not to say that we do not liaise on those issues. Indeed, the Regional Development Minister is a very valued member of my ministerial working group on road safety. We will meet again at the end of next month. We already have a pretty full agenda. <BR /> <BR />The issue of 20 mph zones is one that I welcome, but the Member is quite right: they have to be in areas where they can work, where they are needed and where we need to encourage, or force on these occasions, motorists to slow down.”
“My Department also continues to provide a range of resources and schemes to be used by teachers to allow them to improve road safety behaviours in children and young people. <BR /> <BR />I recognise the continuing challenges of preventing road deaths and serious injuries and, as such, my Department will continue to address those issues through various activities. I remain fully committed to continuing to work with my Executive colleagues, the PSNI and other stakeholders to improve road safety and reduce casualties.”
“<BR /> <BR />The principal objectives of road safety advertising and the associated public relations activity are to contribute to reducing the number of people killed or seriously injured on our roads and support the achievement of road safety targets by researching and targeting the main causation factors that contribute to road traffic collisions, thereby raising public awareness of those main causes and changing road users’ attitudes and behaviours. <BR /> <BR />I also recently commissioned two new campaigns. The first will be a social media campaign that specifically addresses the various issues in relation to mobile phone use while driving. The second campaign will deal with young driver distraction, particularly when carrying passengers. Both campaigns will be launched in the coming months.”
“My Department continues to take a range of actions to reduce deaths and serious injuries on our roads. We focus on the key causes of road casualties and on groups that are over-represented in the casualty figures. The Road Traffic (Amendment) Bill, which recently completed its passage through the Assembly, makes provision for a new drink-driving regime and a new graduated driver licensing scheme. We will develop and consult on a significant package of subordinate legislation to implement the new arrangements.”
“In response to the consultation, comments were received about the misuse of live animals for entertainment purposes and the suggestion was made that entertainment licences should require applicants to comply with the Welfare of Animals Act (Northern Ireland) 2011. <BR /> <BR />Following the consultation, I met a representative of Northern Ireland Says No To Animal Cruelty in November to discuss circuses with animal acts and entertainment licences. I subsequently asked my officials to liaise with the Department of Agriculture and Rural Development about circuses with animal acts. <BR /> <BR />More detailed proposals for the future entertainment licensing regime are being developed, taking into account the comments received during the consultation.”
“I thank the Member for that question. Animal welfare is a matter for the Department of Agriculture and Rural Development. My Department is, however, responsible for the legislation that governs entertainment licensing. That legislation has been in place for approximately 30 years and, in July 2014, I announced a review of that legislation. <BR /> <BR />The Entertainment Licensing Review Group carried out the review and reported its findings late last year. It made 36 recommendations for a future system, which were subsequently issued for consultation. Twenty-six responses to the consultation have been received. The review group's report included a recommendation in relation to circuses.”
“I found that meeting quite enlightening and informative. I am not sure that I found it 100% persuasive, mind you, but, like I said, I will consider all the arguments put forward, and that is how I will decide how to proceed.”
“I thank Mr Kennedy for that question. I am not sure whether I have taken cold feet or whether I am just careful about where I am putting my feet on this one. <BR /> <BR />There has been extensive consultation. I have not been the beneficiary of such a consultation, in personally hearing the views of individuals and groups on the subject. It is a very interesting subject. Indeed, I had a very interesting meeting recently with a group that advocates and supports the use of snares and has serious concerns about what it would describe as my failure to move the Snares Order in the first place.”
“However, some of those who advocate the use of snares will point to the order as actually making more humane snares par for the course. The bad practice highlighted in some of those harrowing pictures is something that they also want to see eradicated. <BR /> <BR />It is not an easy decision to make. My personal instinct is that I would like to see them banned. However, these decisions have to be evidence-based. I am in the process of gathering more evidence.”
“I thank the Member for that question on my failure. While the Member points to a vote by the Environment Committee in 2009, it is my understanding that the Assembly voted in 2010 not to ban snares. As I said, there are groups on both sides of the argument with strong and valid views. I am in the process of meeting those groups and listening to them. That is what will dictate my next steps on the matter. <BR /> <BR />I think that all Members will be aware of some of the harrowing images that those opposed to the use of snares have put out there. They are very impactful; indeed, they had such an impact on me that they led to me deciding not to move the order in November. I do not think that those groups view that as a failure on my part.”
“The order would require that snares should not be set in a place or in a manner where an animal is likely to become fully or partially suspended or be at risk of drowning, for example, over watercourses. Snare users would be required, when conducting their daily checks, to ensure that the snare remains free-running and to remove or repair the snare if it is not in such a state. Lastly, the use of drag snares would be prohibited. It would be a requirement that snares must be firmly staked into the ground or firmly anchored to an object in an appropriate manner so that the snare could not be dragged away by an animal caught in it. <BR /> <BR />I am in the process of meeting groups that hold very strong views on both sides of the issue. I will use this process to decide the next steps.”
“In November 2015, I decided to put a hold on the Snares Order because I was aware that many are opposed to the idea of using snares in any situation due to concerns about animal welfare. However, I am also conscious that there are two sides to the debate. Those who support the use of snares consider their use to be essential in assisting countryside management practices such as farming, game management and reducing pressure on ground-nesting bird species. The order would supplement existing regulatory controls and would place new technical requirements on snares and how they should be used. All snares would be required to be fitted with permanent safety stops. All snares would need to be fitted with swivels to facilitate twisting action by the animal caught by the snare without causing damage to the animal.”
“I thank Ms Lo for that question. I do not think that she will be surprised to know that I am unable to answer right now. I will establish whether it is back on the website and, if it is not, ascertain why it is not and when it will be, and make sure that it is back up as soon as possible. It is important that all these things are accessible to as many people as possible and that what we do as a Department and a Government is as transparent as possible.”
“As I said, my officials had been advising the owners for some eight years prior to that date of their potential to be successful should they choose to apply.”
“I thank Mr Allister for that question. As I said in my original answer to Mr Ó hOisín, my officials have been engaging with the owners of 360 Seacoast Road since 2006, including advising them to apply for listed buildings grant aid funding. There was a failure by officials — Mr Allister is quite correct to identify it — during the summer of 2013 to reply within a reasonable timescale to some emails and, indeed, to make the area architect available by phone. This fell short of our high customer service standards. My officials have reviewed the reasons for this and taken steps to improve procedures and ensure that nothing like this happens again. However, I do not believe that this materially impacted on the owners' ability to submit an application for grant aid prior to my Department ceasing to issue letters of offer in August 2014.”
“In the financial year previous to that, DOE spent £4·5 million on built heritage, and we saw tremendous results as a consequence. It is something that should be prioritised. That is why I think that local government has a central role to play. They will prioritise and drive this and they will need Executive support to do so.”
“I thank Mr Dallat for that question. I agree that there is a mammoth task ahead for whatever Minister takes over and, indeed, for the Executive and us as an Assembly, in retaining, maintaining and promoting our built heritage to, as I said, maximise its potential for today's economy. We can look at other jurisdictions and learn from best practice in this regard. Despite the setbacks that we have suffered here, despite the years of bombing that got rid of many of our buildings, and despite the inability of government over a number of years to invest in restoring and retaining that built heritage, we have had success over the past number of years, excluding last year when the cupboard was bare and there was no money to put into it.”
“It is important that we do all that we can to re-establish funding for listed buildings.”
“It is imperative that we not only look to restore the budget in my Department, or the new Department that will have responsibility for this, namely, the Department for Communities, but that we look, and continue to look, for other sources of funding to restore and maintain this type of property. <BR /> <BR />Under the new Department for Communities, which will also have responsibility for local government, there will be an opportunity to create and explore new synergies. Local government is well placed to identify built heritage in its area and to spot opportunities to improve that heritage and maximise the benefit to the local economy. It has been proven that every £1 spent by government on the restoration of heritage buildings generates a further £7 spend in the wider economy.”
“Gabhaim buíochas leis an Chomhalta as a cheist. I thank the Member for his question. He referred to the cottage on Seacoast Road in Magilligan. I am familiar with it, having visited and received one or two letters about the property. As I said, my officials continue to work with other agencies, most notably and recently, the Housing Executive, in an attempt to assist the owners. They are an elderly brother and sister, and it is imperative that all agencies do what they can to improve their living conditions. <BR /> <BR />The Member's wider concern about the prospect of our retaining and maintaining these valuable built structures is one that I share, along with other Members of the House and the wider community.”
“<BR /> <BR />My officials have been engaged with the owners of the thatched building at Magilligan since 2006, advising of the Department’s grant aid funding — new funding offers were available until August 2014 — and, more recently, with the council and the Housing Executive to address the owners’ situation. <BR /> <BR />The owner of the thatched house in Garvagh received grant aid of almost £4,000 in 2014 for works to replace roof timbers. A further application was received in March last year for assistance to rethatch the roof. However, due to funding unavailability, no new letters of offer have been made since August 2014.”
“My Department’s budget for 2015-16 was reduced by the highest percentage of any Department. Undaunted, I bid in the June 2015 monitoring round for funding for investment in heritage, but the Executive did not agree to it. This meant that I was not in a position to allocate any moneys to new or increased letters of offer for listed building grant aid in this financial year. I was, however, able to allocate £585,000 in funding from the carrier bag levy scheme during this financial year, to assist with repairs to and maintenance of listed buildings that provide facilities for community access and use.”
“I organised a conference on the historic environment that was held at the Playhouse in Derry last month. At the conference, I reaffirmed my belief that a well-understood and well-used historic environment reinforces the distinctiveness of our places and delivers a character that is attractive to investors and visitors. It also gives pride to our population and helps to encourage our young people to remain and make a life here and contribute to the vibrancy of our society. Investment in our heritage, through its continued use, therefore creates a virtuous circle. <BR /> <BR />I have, therefore, consistently attempted to fund investments in heritage to turn this circle. This, as Members will appreciate, has been difficult in the context of the constraints on departmental budgets.”
“Mr Attwood also touched on the issue of the mutual recognition of penalty points. He was aware of the complex and difficult differences that existed between the jurisdictions when he left this post some two and a half years ago. They have bedevilled me, and I fear that they have become even more complex and difficult since then. However, I continue to receive assurances from our ministerial colleagues in the South about their commitment to seeing it done. We need to go beyond that and see the action that gets it done. That is vital; it will save lives across this island. <BR /> <BR />The legislation is not perfect by any means, but I think that everyone in the Chamber and hopefully beyond will agree that it is good. The legislation will make a difference, which is what we were all elected here to do.”
“He queried whether that may have something to do with the impact of budget cuts on the Department's road safety budget. I can give him some of the detail around that. He will be aware that the DOE received a bigger cut to its budget than any other Department in last year's Budget. He will be extremely familiar with the make-up of the DOE budget and the fact that the vast majority of it is tied up in fixed costs, be they salaries or fixed grants to local government, as a result of which the cut to my Department fell disproportionately across other service areas. Regrettably, road safety and road safety education was one of those. In real terms, it had a cut of approximately £500,000 on what the Department could spend on road safety information and education.”
“<BR /> <BR />Alex Attwood, the former Minister and in many ways the architect of this vital piece of legislation, quite rightly highlighted that, in the Republic of Ireland, there was a reduction of some 15% in the number of lives lost on roads in the last calendar year, whereas, here, we saw a reduction of 6% in the last calendar year. Any reduction in the number of lives lost is to be welcomed. However, given that, in previous years, there has been a very close correlation in patterns of road deaths between the two jurisdictions, there seems to be a gap developing there.”
“However, they have assured me that anything that improves road safety and, therefore, will be reflected in a reduction in the number of collisions, casualties and fatalities on our roads will result in reduced premiums for road-users and motorists. <BR /> <BR />Mrs Overend touched on the issue of drug-driving. My decision to focus on drink-driving in this piece of legislation was evidence-based. There is evidence that a lot more damage is caused by drink-driving in this part of the world. That is not to understate or underestimate the seriousness of drug-driving. Officials continue to monitor what is happening on drug-driving in other jurisdictions, particularly GB, with a view, I am certain, to introducing legislation here in the future.”
“I am sure that the Chair will agree that his considered contributions will be greatly missed by the Committee or its successor Committee and indeed the Assembly when he goes. I wish him all the best for when he does. <BR /> <BR />Mr Maginness touched on insurance costs, and Alex Attwood expanded on this issue. My officials and I have engaged, and will continue to engage, with insurance companies to drive down costs reflecting improved safety on our roads. My predecessor quite rightly identified the fact that insurers will say that, because it is not the comprehensive suite of measures that was originally mooted or floated, the premiums will not drop as rapidly or dramatically as a result.”
“However, in thinking of the big stick approach, as Mr Boylan described it, I thought of that big stick more as a crook used by a shepherd. We are not hitting anyone with this big stick but using it to guide people, particularly our vulnerable young drivers, to safety. <BR /> <BR />Mr Maginness said that, if he were Minister, he would be very proud of this Bill, and I am. However, if I were the Member for North Belfast, I would be very proud of my contribution not just to this Bill but to the Environment Committee over the past few years, to the Assembly for many more years and to politics and public representation here for many, many more years. He should be very proud, and we are very proud of him.”
“As elected public representatives, we have a duty to use every opportunity that we have to get the road safety message out there, and I encourage Members to do so. <BR /> <BR />Mrs Cameron said that this Bill does not go as far as I had originally intended. You heard from my predecessor that it certainly does not go as far as originally envisaged. It does not go as far as I or Alex would have liked. However, I am still satisfied that the end product will result in lives being saved. <BR /> <BR />Cathal Boylan spoke of how young people — and it is not just young people — sometimes view legislation, and maybe us as legislators, as coming at them with the big stick approach. Alban Maginness referred to that as well, saying that young people, in particular, might feel hard done by, by some elements of this legislation.”