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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“The proportion of passengers in that age group who were killed or seriously injured by a 17- to 24-year-old driver was 77% — 138 teenage passengers killed or seriously injured while travelling with a young driver deemed responsible for the collision. That is 138 families left devastated by the loss of a loved one or the impact of coping with their life-changing injuries. There is a particular problem on rural roads —”
“<BR /> <BR />My review of the clause focused on three main areas: evidence, mobility and complexity. A number of Members asked for further evidence of the need for a passenger restriction and the time of day when collisions occur. Over the last number of months, officials have worked with statisticians, reviewing and building on the information available. I hope that all Members will have received a short paper that sets out the stark evidence in support of a passenger restriction. <BR /> <BR />Between 2010 and 2014, a driver aged between 17 and 24 was deemed responsible for 88% of the 14- to 20-year-old passengers killed when travelling with a driver who was responsible for the collision.”
“<BR /> <BR />Just before I do, however, it will be useful to give Members a quick recap of what the passenger restriction will mean for new young drivers: when they will be permitted to drive and whom they will be permitted to drive with. The passenger restriction is not a curfew. New drivers will be permitted to drive 24 hours a day from the moment they pass their test. During the period of the restriction, drivers aged under 24 who are within the first six months since passing their test will be limited to carrying one passenger aged between 14 and 20. They can carry younger or older passengers without restriction and can carry a passenger of any age for whom the driver is entitled to receive carer's allowance. Outside the restricted period, there are no restrictions on the number or age of passengers.”
“When we last met to discuss the Bill in June, there was a great deal of debate on clause 19, which deals with changes to restrictions on learners and new drivers. Taking on board those concerns, I gave my commitment to review clause 19. I undertook to engage with key stakeholders, including Members here who raised particular concerns about the clause and some rural groups such as the Ulster Farmers' Union and the Young Farmers Clubs of Ulster. My officials engaged on my behalf with Assembly colleagues who expressed a particular interest in this element of the Bill. I thank those Members for their constructive engagement. I can now update Members on that review, which has led to my tabling this first amendment.”
“Apologies, Mr Deputy Speaker. I was getting ahead of myself there.”
“I beg to move amendment No 1. When we last met to discuss the Bill in June —”
“We are the only jurisdiction on these islands that does not have an independent environment agency, and I do not know what any party, business or individual would have to fear from the establishment of such an agency.”
“I thank the Member for that question. We seem to be well into injury time here. My beloved Everton conceded a goal late into injury time on Saturday. I hope that I do not score an own goal at this stage in injury time today. In response to Ms Lo, I spoke about the concerns that the environment sector has expressed about the amalgamation or subsumption of our environmental function into agriculture, given the appropriate emphasis that the Executive put on the agrifood sector. That is why I thought that it was timely to reintroduce the debate on the need for an independent environment agency. A paper on that is out for consultation, to which Members will have a chance to respond. I think that there are huge merits in that.”
“Planning will also be there, which is understandable. <BR /> <BR />Other work such as responsibility for local government and our built heritage will comprise part of the new Department for Communities, which will contain many if not all of the functions of the current Department for Social Development. There is a lot of merit in that, particularly with the councils' new community planning function. I know that the Minister for Social Development announced last week that he would not yet be proceeding with their regeneration function, although, by being in the same Department, they should be able to maximise the benefits of that for local ratepayers and citizens.”
“I thank the Member for that question. As we approach the elections in May and the subsequent restructuring of Departments, the functions of my Department — the DOE — will be split three ways. As mentioned in an earlier answer to Ms Lo, the classic environmental aspect of the Department's work — issues around climate change policy, environmental regulation and so forth — will be amalgamated with agriculture in the new Department of Agriculture, Environment and Rural Affairs. Other aspects of my Department's current workload, including road safety and planning, will be amalgamated with the current DRD in the new Department for Infrastructure, which, I think, is a good fit. It is understandable that road safety would be with the Department that is responsible for maintaining our roads network and implementing road safety measures.”
“I am also aware of a church in my constituency that suffered flooding and serious inconvenience but was unable to avail itself of the payment as it was not deemed to be a house, although I did try to convince officials that it was the house of God and should be eligible as such.”
“Members will be glad to hear that I have included an additional proposal to extend the original scheme to allow for severe inconvenience payments to recreational and community buildings, churches and small businesses. By "small businesses", I mean businesses with fewer than 25 employees. As it exists, the scheme is available only to householders. We have seen recent flooding incidents in Newry and, even more recently, in west Tyrone, as a result of which small businesses have suffered major inconvenience and damage but have not been able to avail themselves of the payment that householders can.”
“My paper seeks Executive agreement to create a standing scheme of emergency financial assistance to councils in relation to flooding incidents following heavy rainfall or tidal surge, rather than creating individual, time-bound schemes that require individual approval. My aim for the introduction of a standing scheme is to improve reaction time and to avoid the possibility of delay while approvals are sought.”
“I thank the Member for that question. I have plans, hopefully, to improve the scheme. I recently provided an Executive paper, 'Flooding: Standing Scheme of Emergency Financial Assistance to Councils', to my Executive colleagues for their consideration and comments.”
“It is not a compensation payment, though. Circular LG 31/2015, which provides advice on the scheme of financial assistance to councils, was issued to all councils on 12 November. Standard application and survey forms for use by householders and councils respectively are included in the circular, and claims for reimbursement must be submitted to the Department using the templates provided in it. Application forms seeking reimbursement of expenditure relating to recent incidents must be submitted to the Department within three months of the flooding incident occurring. Claims made outside this period will not be eligible for reimbursement, unless in exceptional circumstances where prior agreement has been reached with the Department.”
“I thank the Member for that question. Article 26 of the Local Government (Miscellaneous Provisions) Order 1992 makes provision for a scheme of emergency financial assistance to district councils. Financial assistance under this article takes the form of grants paid by my Department, with the consent of DFP. As a result, I have made emergency funds available to cover council costs incurred when responding to the needs of householders across Northern Ireland in the event of any flooding following rainfall or tidal surge from 7 November 2015 until 31 January 2016. <BR /> <BR />The scheme of emergency financial assistance to district councils also includes an immediate payment of £1,000 to householders as practical assistance to those who have suffered severe inconvenience to help to make homes habitable as quickly as possible.”
“<BR /> <BR />Necessity is the mother of invention, as they say, and it is due to that that I have looked more at going down the social media route, which also enables us to target certain demographics specifically . I cannot tell, and I am not sure whether you can, but people who have an interest in cars and things like that — it could be drivers under 25 living in rural areas — can be identified and then targeted with the information. I think that that is a very good use of resource. Hopefully, we will see the benefits in a reduction in the number of collisions, serious injuries and fatalities on our roads.”
“I thank the Member for that question. Indeed, it is a question that I myself asked when I was not long in this post. The DOE ads have often been shocking, that has been proven and there is scientific research that shows that that does work. It permeates people's consciousness and, most importantly, it has an impact on driver behaviour. In saying that, I do not think that every ad has to be a blood-and-guts one. There has to be a balance in our approach to advertising, and I think that we do that quite well. Due to huge budget cuts that the Department suffered this year, the amount of money that I have had to spend on road safety advertising has been virtually halved.”
“The Department has renewed its advertising on drink-driving, and I have been working very hard with officials on the launch of a new social media strategy and advertising campaign that specifically focuses on drink-driving, which, again, traditionally occurs more at this time of year, and the dangers posed by people using handheld devices. That will go live on social media within the next couple of weeks and will be targeted specifically at young drivers, so I am not sure if Mr Buchanan will get anything about it in his inbox.”
“I thank the Member for that question. Regrettably, we traditionally see an increase in the number of road traffic collisions at this time of the year; the festive period. The evenings are darker, there are more people on the road, and people are rushing to do shopping and get home and see family in worse traffic conditions. Therefore, it is important that we redouble our efforts in an attempt to reduce the number of collisions on our roads. <BR /> <BR />To that effect, I have been working closely with my road safety partners in the other Departments. That has mainly been with the emergency services, primarily the PSNI, which recently launched its annual anti drink-driving blitz.”
“Is it due to an aspect of the strategic planning policy statement? Is there a proposal type that people are thinking of but do not have the confidence to develop into a full-blown planning application? Planning officials under the DOE, and now under councils, were available for pre-application discussions. If someone has an idea that they would like to test the water on to see if it would have a reasonable prospect of success in the planning process, they can approach the planning officials in councils, seek a pre-application discussion and hopefully be guided in the right direction as to how or where to submit that application.”
“It will be different in each council area, but council officials from several council areas who I have been speaking to have pointed to an upturn in the number of applications. That was demonstrated quite clearly last week, for example, when Derry City and Strabane District Council applied for three new planning officers. In other council areas, additional planning staff have been brought in to deal with an increase in the number of applications. That is indicative of the upturn in the economy that the Member's ministerial colleagues tell us so much about. <BR /> <BR />It would not necessarily be for me, as Environment Minister, to boost the number of applications in an area. We have to look at whether the reason for a lack of applications is the lack of prospect of approval. There may be an issue to be looked at there.”
“I thank the Member for that question. Does he mean that the number of applications is down?”
“Unfortunately, as I said, given that councils have responsibility for deciding on maybe 99% of planning applications, and there appears to be inconsistency in how they are processing applications, we need to iron that out to give certainty to anyone with an interest in doing business, setting up business and creating jobs, not just through the business that they are setting up but through the construction of the premises required for it. They need that certainty, and we all have a responsibility to provide that.”
“I thank the Member for that question. The greatest assistance that any planning authority can give to those making applications, particularly those who make applications that boost our economy and create jobs, is certainty. That is what developers and businesses want to see. They want to know their prospects of an approval, and they want to know how long that approval might take. <BR /> <BR />It was in the interest of giving certainty to businesses, communities and social housing providers that I published the Belfast metropolitan area plan (BMAP) and pursued and published SPPS. That creates certainty.”
“There is a great deal of confusion out there for councillors, the public and applicants. On 14 December, I will be having a one-item agenda meeting with the 11 chief executives of the new councils, and that item is planning.”
“I thank the Member for that question. He and others have raised concern about councils' performance in their new planning function. I think that those concerns are justifiable and understandable, given that the quarterly performance report published last week showed a huge downturn in planning applications output by councils in the first quarter of this year. That is understandable enough, given that it was a transition period. Teething problems were to be expected and there were and have been teething problems. <BR /> <BR />I am not going to try to deny that there are inconsistencies of approach across different councils, not even in interpretation of planning policy and planning decisions but, in fact, in how planning committees conduct their business; who gets speaking rights and for how long and so forth.”
“The resource that came across with that function was nowhere near satisfactory <BR /> <BR />I continue, with Executive colleagues through the partnership panel, to work with local government on identifying issues and, hopefully, ways that we can address them. It was always anticipated that the reform of local government would cost money at the outset. It would cost money to central and local government, but those costs will be offset in the medium- to long-term through huge savings that can be made by more collaborative working.”
“I thank the Member for that question. As outlined in my previous answer, I ensured that the budget for functions transferred from my Department was ring-fenced. So, they transferred in a manner that was cost-neutral to the ratepayer. As Minister with responsibility for local government, I am aware of the difficulties that our new councils are having, due largely to the transfer of some other functions. I refer principally to the transfer of off-street car parking by DRD. That was something of a Trojan Horse, if I can use that term when talking to Mr McCann, in that there were huge hidden costs, and councils certainly feel that they got a raw deal with the transfer of that function.”
“That said, I will not stop doing everything I can to persuade my Executive colleagues to ensure that local government is adequately resourced to fulfil its new duties, while councils continue to provide good-quality service to our citizens and deliver value for money to ratepayers.”
“My action guaranteed that the planning resource allocation would not be impacted by the disproportionate in-year cuts that my Department had to absorb. I stand by that decision; it was the right thing to do. I am a Minister who honoured the commitment given by the Executive to the sector that functions should be cost-neutral at the point of transfer, even though it meant that I had to make bigger cuts in different areas of my Department. <BR /> <BR />As Minister of the Environment, I came up to the mark. I pressed the Finance Minister and other Ministers to do the same. They did not. Therefore, it is for those Ministers to defend their decisions regarding the resource allocations they transferred to councils.”
“With regard to the allocation of resources under the local government reform programme, I can speak only about the planning function, which my Department transferred to councils. As I have previously advised Members, I took a brave and bold decision to ring-fence the planning budget that was passed to local government.”
“That is why I have given them some certainty in moving into the new departmental structures with the establishment of my new natural environment fund. I recognise the importance of the work not just of officials in the various Departments but of people in that sector who have many years of experience and expertise that we should avail ourselves of at every opportunity.”
“The new departmental set-up could work either way. There are potential advantages in the amalgamation of agriculture and environmental policy in that it will bring officials from those Departments closer together, hopefully working towards common goals. However, I know that the Member is well aware of concerns that have been expressed from the environmental sector that it might not be an amalgamation of environment and agriculture but might be a subsumption of environment into agriculture. I think that it is very important, therefore, that we have DOE in as strong a position as possible — not just the Department but the environmental NGOs to which I referred — prior to the restructuring of Departments.”
“I thank the Member for that question. I am not sure though how she felt my passion. I hope that it was as good for her as it was for me.”
“As I said, it is something that we need to show leadership on. <BR /> <BR />I have circulated a high-level discussion paper among Executive colleagues and other stakeholders, outlining how I believe a climate change Bill here might look. I do not expect everyone to like how I would want it to look, but it is something that I would be prepared to compromise on. Whoever succeeds me as Minister with responsibility for climate change policy should take that on board in order to get some legislation over the line here.”
“I thank the Member for that question. Realistically, we will not see the introduction of climate change legislation during this mandate, and that causes me regret. As I have said over the past two years, I have been attempting to build consensus. I believe that we are making slow but steady progress in that regard, and I think that the topicality of this issue and the huge media coverage that has been afforded to the ongoing conference in Paris and the issue of climate change is something that we can work to our advantage here. The fact that we are the only jurisdiction on these islands that does not have its own climate change legislation causes me, as Minister, a degree of embarrassment but it should cause us all collectively, as a devolved Assembly, a great deal of embarrassment.”
“We need more of that type of work. We also need to show real leadership from this Chamber on that issue.”
“<BR /> <BR />The Member mentioned DARD, and, of course, agriculture is the sector in Northern Ireland and, indeed, on the island of Ireland that causes most emissions. Concerns have been expressed in the past and, indeed, in the not too distant past — yesterday — that any climate change legislation in the North might impact on the productivity of our farmers. That is not necessarily the case. It is important that we work with the agrifood sector. I have done so already through the establishment of my prosperity panel and my world-leading prosperity agreements, through which we have seen that, by going beyond environmental compliance, businesses, including those in the agrifood sector, have been able to boost their performance, not just environmentally but financially.”
“I thank the Member for the question. The issue is very topical and was the subject of an extensive and interesting debate in the Chamber yesterday. While the vote in the Chamber yesterday mandated me again to proceed with the introduction of climate change legislation, that there was a Division highlighted the fact that it is an issue on which we do not yet have consensus. That is what I have been doing over the past two years: attempting to build consensus and, indeed, momentum for climate change legislation. <BR /> <BR />Good work is being done across all Departments through the cross-departmental working group on climate change, and all are making efforts in their Department to reduce carbon emissions, and so on. It is vital that we do so.”
“To help do so, I shall shortly be seeking views on proposals for climate change legislation that will help inform the Executive and assist the introduction of a Northern Ireland climate change Bill. We need a global agreement in Paris, which is unquestionably in our and the entire global community's best interests.”
“We acknowledged that all of society, including the Churches, should encourage and promote understanding of the causes of climate change and the impacts that it has on our daily lives. <BR /> <BR />In preparation for COP21, all 28 EU member states gave a commitment to the EU binding target of at least a 40% domestic reduction in greenhouse gas emissions by 2030 compared with 1990 levels. I fully endorse that approach and believe that it will make a meaningful contribution to achieving a balanced international agreement in Paris. <BR /> <BR />At the conference, I will be making it clear that I believe that we should be striving to secure an ambitious international agreement and that the North of Ireland will play its full part in contributing to the agreed emission reduction targets.”
“The United Nations Framework Convention on Climate Change (UNFCCC) is holding its twenty-first Conference of the Parties (COP21) in Paris from 30 November to 11 December 2015. From 6 December to 8 December, I will be attending, as part of the official delegation, what, in my view, is the most important global conference of our time. <BR /> <BR />Climate change is a global challenge that requires a global solution. It affects us all, and we all must work together to play our part in tackling it. That is why I am keen to frame my input to the Paris discussions from an island of Ireland perspective and why I am keen on a climate change conversation that includes everyone. To that end, I met Minister Kelly and a delegation of Church leaders to discuss common issues of concern to be taken forward in Paris.”
“That includes ensuring that sufficient supplies of aggregate are available at local and regional levels; safeguarding mineral resources; ensuring that workable mineral resources are not sterilised by other surface development that would prejudice future exploitation; and identifying areas that should be protected from minerals development.”
“I thank the Member for his question. He caught me with a similar one before, but I have come prepared today. The 'Northern Area Plan 2016' designates a lignite protection area in the Ballymoney borough. The purpose of the designation is to preserve this important resource in the event of future difficulty in accessing external energy sources. The recently published SPPS sets out the planning policy framework for the determination of all planning applications across Northern Ireland. It retains, in a strategic way, the mineral policy of a planning strategy for rural Northern Ireland. The SPPS states that councils, in preparing their local development plans, should produce appropriate policies and proposals that reflect the policy approach of the SPPS and are tailored to the specific circumstances of the plan area.”
“Also, as a result of comments received in the public consultation exercise on the terms of reference for the research programme, an official from the Health Service Executive of Ireland was added to the programme's steering committee.”
“I thank Mr Maginness for his question. I reassure the Member that the all-island joint research programme is tasked with looking at the health impacts of unconventional gas exploration and extraction (UGEE). The research is looking at the potential health impacts of exposure to chemicals, vibration, light or noise and of pollution to environmental media, such as soils, air and water, with a view to preventing environmental factors from degrading human health. The research will also undertake a review of health impact studies worldwide to develop a suitable protocol. This is set out as a specific task in the terms of reference, which state:”
“I thank the Member for that comical question, which is in keeping with his comical statements on a range of issues over recent weeks and months. I assure him that approval for the SPPS that we are discussing, which includes a presumption against fracking, was sought and received from the Executive. Contrary to Sammy Wilson's belief — he said in local papers that I had perhaps breached the ministerial code by publishing it — I obtained full Executive approval prior to publication. As I said earlier, I believe that this is a reasonable and sensible approach, and the fact that Mr McNarry thinks that it was not confirms to me that it is.”
“Some of the environmental concerns raised relate to hydrology, the potential impact on local drinking water supplies, the undoubted impact on the landscape and the resultant impact on habitat and species. There are also, as I referred to, local concerns about the potential impact on human health. Those same concerns have been raised very loudly in the USA, where the extensive research carried out over a number of years remains inconclusive.”
“I thank the Member for that question and for acknowledging my visits to his constituency on this issue and on many others. There has been huge concern and opposition to fracking not just in Fermanagh or the North but right across the world. Many of those with concerns have pointed to its potential impacts on the environment and on human and animal health. When such concerns exist, it is reasonable and sensible to establish that the practice is, indeed, safe and does not cause harm to the planet or to people, before allowing any such application to proceed. I have taken that precautionary approach in this case, and, as I say, I believe that that is sensible. It has certainly been well received by many people, if not most, in the Member's constituency.”