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 Mr McCrea for his question. I have said previously in the Assembly that there is a need for collective, if not unanimous, political support for a scheme like this to succeed, and not just political support but community support. Therefore, it is extremely important that we consult far and wide.”
“I know that a lot of people run these things responsibly, enjoy them and see them as part of their culture.”
“It is important that we develop that good practice, roll it out and ensure that it is uniform across all council areas. <BR /> <BR />I think that everyone — everyone in their right mind — agreed that, of the list of options that I had come forward with, the third option, that of introducing a licensing scheme, was the best way to go. I think that it has to be uniform across all council areas. I know that some councils allocate bonfire management scheme money to community groups that organise bonfires. In some cases, the group that organises the bonfire might not necessarily be the group that gets the money, and I think that that was what the Member was getting at. That needs to be stamped out. I am not trying to stamp out bonfires per se.”
“I thank Mr McCrea for that question. This is another issue on which I have announced my intention to work to resolve what is a perennial problem here in Northern Ireland. Many communities suffer at the hands of those who organise bonfires badly or whose motives are not to bring communities together but to create division and indeed chaos in their own communities. <BR /> <BR />My officials and I have been working behind the scenes with councils on the issue. There is a lot of good practice across councils. Across the North, we have seen a reduction in the number of bonfires. Indeed, I read a report in today's 'Belfast Telegraph' that stated that there has been a huge reduction in the number of fires in Belfast that burn tyres, which is to be welcomed. There is good practice.”
“I thank the Member for that supplementary. As I said, I have tasked my officials to do some work on this, and they will not do so in isolation. I have instructed them to go to the Woodland Trust to hear its views on this and to councils, which, as I said, now have responsibility for the protection of trees. I am not passing the buck to them. I am saying quite clearly that I want to work with councils and other interested third parties to see that this gets done.”
“I welcome the initiative for the creation of a register of trees of national special interest for Northern Ireland. I have instructed my officials to consider the resources required to establish and maintain a register and to advise me who would be best placed to administer such a register.”
“Although many trees of special interest, due to their great age or other factors, are located in the foregoing protected areas, many grow in the countryside or in urban areas and deserve and require individual protection. <BR /> <BR />Many of the legislative functions regarding the protection of trees, the management of existing trees and the consideration of further or future protection of trees through, for example, the making of tree preservation orders transferred to the councils on 1 April this year. Councils also have the powers to draw up local development plans, which can provide policy and guidance on the management and protection of trees as part of the development proposals. I know that the Woodland Trust is campaigning very vociferously for a national tree register to celebrate our remarkable trees.”
“I thank Mr Cree. I thought that he was going to ask about a registry of Crees rather than trees. The Member has raised the issue with me in written correspondence, and I have received quite a bit of correspondence on it through social media. <BR /> <BR />The patchwork of native broadleaved woods and hedgerows that comprise our countryside gives it a unique appearance in the context of north-west Europe. Many of Northern Ireland's native woodlands and hedgerows possess high biodiversity, landscape and cultural value and have been given statutory protection as special areas of conservation, areas of special scientific interest and areas of outstanding natural beauty.”
“To date, 41 objections from third parties have been received and, just yesterday, a letter of support came in. The application is still under consideration by my Department, so I cannot comment further on it.”
“I thank the Member for the question; he is bringing it back to the Mournes again. An application for Gruggandoo wind farm was received by the strategic planning division on 16 March 2015. It proposes 12 turbines, with an overall height of 125 metres, with a potential power output of 39·6 MW. An environmental statement to accompany the application was received on 31 March, and the application was declared an article 31 on that date, so it will be determined centrally by the Department. The application has been advertised in accordance with environmental impact assessment regulations, and neighbour notifications have been carried out and the consultation sent to the appropriate bodies, including Newry, Mourne and Down District Council.”
“<BR /> <BR />While planning policy does not rule out wind farm development in areas of outstanding natural beauty, it is a key policy objective to ensure that the environmental, landscape, visual and amenity impacts of such developments in such sensitive areas are fully considered before any decision is reached. In addition, the SPPS makes clear that a cautious approach to renewable energy development proposals will apply in designated landscapes that are of significant value, such as areas of outstanding natural beauty. That is one area in the SPPS on which we have actually strengthened policy and made it less permissive. I know that that was the view among Members, which came across very strongly in the Environment Committee's report on wind energy. I responded to that and tightened it up in the SPPS.”
“I thank the Member for that question. Wind farms are, indeed, very topical this afternoon. Following the transfer of the majority of planning functions to local councils, the determination of most wind energy proposals falls to councils, as we discussed. As such, my Department's strategic planning policy statement (SPPS) requires that the environmental, landscape, visual and amenity impacts associated with or arising from renewable energy development are given proper consideration and that adequate protection is afforded to the region's natural and cultural heritage features.”
“I am aware that some issues have arisen around planning, but, like I said, they are minuscule in comparison with some of the other issues facing local government. However, that does not diminish my appetite to resolve them.”
“I thank the Member for that question. I slated another Department — I can speak about it, but I cannot really speak for it. I can speak about the DOE and the function that we transferred: planning. I took a brave and bold step; it was unique among Ministers or those with responsibility for Departments that were transferring functions. Early in the previous financial year, I ring-fenced the budget for planning that was to go to local government so that it would not be impacted by the in-year cuts that Departments were facing. As a result, I had to make bigger cuts in different areas of my Department. That was based solely on my belief that the functions should be transferred at a point that was cost-neutral to the ratepayers in the new councils. I came up to the mark on that one.”
“<BR /> <BR />As regards a review, I will continue to work with local government, chiefly through the partnership panel. I will also meet a group of chief executives of the new councils tomorrow. I will be happy — well, I will not be happy, but I have no doubt that I will hear more from them on the issue tomorrow and through the various fora in which I engage with them. Local government knows that it has a friend in me. I will do everything I can to persuade my Executive colleagues to ensure that local government is adequately resourced to fulfil its new duties and provide good services for ratepayers at good value.”
“I thank the Member for his question. It was always anticipated that, as we approached local government reform and the Assembly voted for it, there would be significant costs in the beginning but that, when offset against the savings that would be yielded in the medium to long term, they would pale into insignificance. I am aware of major concerns felt by and across local government on some of the issues that the Member has referred to. The problems regarding the planning portal are a lot less than they are with the transfer of off-street car parking. The responsibility for that lies, ultimately, with the DRD; it transferred that function. However, in my opinion and that of local government, the budget that transferred with the function was nowhere near adequate.”
“Through various channels, the Department reminds parents that it is their responsibility to ensure that children are properly restrained when travelling in vehicles. As I said in my original answer, I have recently approved funding for 15 road safety projects through the road safety grant scheme. Two of the projects address older road user safety, which is one of my road safety priorities. I have, therefore, approved additional funding for each project to extend their coverage to an even wider audience. One project addresses the importance of fitness-to-drive through drama. The second will deliver a comprehensive training package on alcohol and drugs awareness and hazard identification and will provide a series of driving assessments for older people.”
“The initiatives include, among others, the road safety teaching aid calendar, the enhanced cycling proficiency scheme, the junior road safety officer scheme and education packs. They have been very well received, and, for the most recent initiatives, early indications show a positive response.”
“There are many activities being carried out through the Department's mix of channels to address vulnerable road users. Through its social media activity and TV, radio and outdoor advertising, the Department regularly reminds drivers to give extra consideration to children, older road users and those with less protection, such as pedestrians, cyclists and motorcyclists. Messages also address vulnerable road users to increase their own safety, as they share the road with motorists, by wearing high-vis vests or coats, crossing at a safe place and obeying the rules of the road as advised in the Highway Code, amongst others. <BR /> <BR />My Department provides a range of resources and schemes to be used by teachers to allow them to improve the road safety of their pupils.”
“Also in June, I rolled out the safe driving teaching aid, enabling driving instructors to address road safety with learner drivers. 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 assure you that I remain fully committed to continuing to work with my Executive colleagues, the PSNI and other stakeholders to improve road safety and reduce casualties.”
“We focus on problem areas, such as drink-driving, speeding and carelessness and inattention and on groups that are over-represented in the casualty figures. Those areas are the key focus of the Road Traffic (Amendment) Bill, which completed its Consideration Stage in June. I will shortly bring the Bill back to the Assembly to conclude its legislative passage. <BR /> <BR />In March, I launched a new motorcyclist safety campaign, and in June I launched the 2015-16 road safety grant scheme, through which I have approved funding for 15 projects across the North. Also in June, I launched a road safety community toolkit to give local voluntary groups all the resources they need to organise events, bringing road safety messages into the heart of local communities.”
“The number of road deaths in 2015 is a serious concern, and I extend my sympathy to those who have lost loved ones and those who have suffered life-changing injuries. So far this year, 61 people have died, compared with 69 at the same time last year. <BR /> <BR />At the beginning of the year, severe cuts were made by the Executive to my Department's Budget allocation. Despite the very challenging financial position, I was able to allocate just over £1 million to road safety communications, grants and educational materials. In recent weeks, I have been able to supplement that with a further £184,000 through internal reallocations. Despite the regrettable 50% reduction in the road safety budget, my Department continues to take a range of actions to reduce deaths and serious injuries on our roads.”
“I look forward to reading that question again in Hansard. I have not conceded anything; I have outlined what the council could do, should it wish to challenge my decision, which, let me state clearly, is, I believe, the right decision and is a legal decision. <BR /> <BR />I have also answered a priority question from the Member. She may not have received the answer yet, but I have answered that question. I am taken aback by her, shall we say, recent interest in this planning application. The planning application was in the Department for a considerable time and has been with the council for six months or more, yet the first the council or I heard from the Member on it was after she learned about it on the BBC.”
“The SPPS will, inter alia, continue to support and contribute to the renewable energy target of 40% of electricity consumption here in the North from renewable resources by 2020, as set out by the Executive and indicated in DETI's strategic energy framework. Furthermore, DETI has advised that the Executive's 2015 Programme for Government target of 20% renewable energy generation is being met.”
“I thank the Member for that question. The Programme for Government targets are a material consideration when dealing with or processing any planning application. The Member will be aware that I published the strategic planning policy statement, the SPPS, on 28 September. It consolidates, updates and improves the policy context of the suite of planning policy statements (PPS), including PPS 18 on renewable energy. The aim of the SPPS in relation to renewable energy is:”
“<BR /> <BR />I caught the end of Minister Bell's Question Time, and there was something around the Northern Ireland renewables or renewables obligation certificates (ROCs) situation here. Given its failure to issue an approval to what, I think, is a blatantly approvable application that it might have stopped or stymied, the council could have left itself in a precarious position and open to not just a planning appeal but further legal proceedings.”
“I thank the Member for that question. However, I correct him by saying that I have not breached any process or procedure. I share his disdain about the manner in which elected representatives found out about this decision. I do not know how the BBC got hold of this so quickly, and I place that on record. <BR />The council now has a chance to ask for a hearing. I am not saying that I would overrule the PAC, should it come to a different view to mine. However, I am saying that it would have to come back to me, and I very much doubt that the commission would come to a different conclusion than have I, given that council and DOE planners thought that this was a nailed-on approval. I may have done the council a favour in some respects.”
“I thank the Member for that question. There has indeed been some attention around my decision to call in this application and to approve it. I have written to the council not only to outline my decision to approve it, and the rationale behind that, but to inform the council of its next steps. The council has 28 days during which it can ask for a hearing on my decision, in effect. Should it choose to do so, that hearing will be held by the Planning Appeals Commission (PAC), which will give its determination on the application. However, the final decision will ultimately come back to me. Should the council wish to go down that route, and the PAC decides that I was wrong, the decision would come back to me and I could reverse it. I am very doubtful that the PAC would find that to be so, and the decision would come back to me either way.”
“Each case will, however, be considered on its own merits, and the fact that a particular development proposal may be complex or controversial will not necessarily mean that it is of strategic interest or regional importance.”
“<BR /> <BR />My Department has published guidance, 'Notification and Call In of Applications', which highlights the legislative procedures to be complied with by district councils when notifying the Department on all types of applications, including potential call-in cases, and provides an indication of the matters that may be considered by the Department when deciding whether an application should be called in. Those include considering the relevant development plan; the opinions of statutory consultees; the national importance of the proposal; the relationship of the proposal to a regionally significant application; the significance of the development to the whole or part of Northern Ireland; and any potential significant effects that a proposal may have outside Northern Ireland.”
“I believe that councils, with locally elected and accountable representatives, are best placed to take the key decisions about the future growth and development of their local areas and communities. However, there may be circumstances in which a proposed development raises issues of such regional importance or strategic interest that the application should be called in so that the Department can in effect take over the role of decision-maker.”
“Since April 2015, district councils have been responsible for determining the vast majority of planning applications. Under the reformed two-tier planning system, applications for local and major developments are submitted to, and determined by, local councils, while applications for regionally significant developments are processed and decided by the Department. <BR /> <BR />The Planning Act also allows the Department to direct that any planning application be referred to it instead of being dealt with by a council. In recognising and respecting the important role of councils in making decisions on the future development of their area, I envisage that call-in power being exercised only in exceptional circumstances.”
“However, it is extremely important that its importance and value be recognised. Built heritage plays a massive role in promoting our economy and, indeed, the health and well-being of our citizens. <BR /> <BR />I have spoken to officials about built heritage's importance, and they recognise its importance. It has frustrated my officials in the Northern Ireland Environment Agency (NIEA) greatly that the only money that we were able to allocate to built heritage this year was through the carrier-bag levy. We were able to allocate almost £600,000 to buildings that were deemed to have a community function or benefit. I am aware of a number of buildings of great value out there that really need work done on them. We are working on finding a way in which to do just that.”
“I thank the Chairperson of the Environment Committee for that question, which is indeed very topical, given 'The Detail' report that, I believe, was given comprehensive coverage on the BBC 's 'Talkback' today. <BR /> <BR />Regrettably, built heritage projects will not be able to avail themselves of the environment fund that we are talking about. However, I very much value our built heritage, and the funding that I was able to provide to it in the previous financial year is indicative of that. That should be looked at, rather than how much I was unable to provide in that direction this year. <BR /> <BR />Under the restructuring of Departments, the function of built heritage will go in a different direction to that of environment and will lie in the new Department for Communities.”
“<BR /> <BR />It is worth underlining that, even this year, with an extremely challenging budget outcome for my Department, over half a million pounds was allocated to various environmental NGOs to continue to provide a full range of environmental and visitor management for areas of outstanding natural beauty. Indeed, it was mainly for the Mournes area. I can also confirm that those organisations will be able to apply for funding from the new environment fund that I have spoken of today.”
“I thank the Member for that question. As yet, we do not have detail on how much will be available; I am working on that with officials. It is vital that those organisations have certainty as early as possible. They will be able to apply from this week. I intend to open applications from Thursday, and they will have a month, up until 10 December, in which to apply. In the meantime, we will work on how much money we can make available from the fund. As the fund is broader than the natural environment fund that I established this year, I hope that the pot will be bigger in terms of finance available as well. It will also be broader in that it will be able to assist groups like those the Member referred to that ensure the effective management of areas of natural beauty such as the Mournes.”
“I see great opportunities, not just for our environment, but for collaboration with other jurisdictions. There will be considerable outlay involved if we are to proceed with that scheme, but I believe that the expense of the initial outlay can be offset and greatly reduced by collaborating with Scotland and, potentially, the Irish Republic.”
“I thank the Member for the question, although the link is quite tenuous. I think the Member gave that away himself by saying that he had not listened to my previous answer but was going to ask me about something completely different anyway. <BR /> <BR />I floated the idea of introducing something along the lines of a deposit-return scheme for drinks containers — bottles, largely — at the start of the summer, and since then my officials have been working on it. We have been looking at and learning from other jurisdictions. Scotland ran a pilot on it, and we are now looking at the results of that pilot. It is something that I will be speaking about to my counterpot — counterpart, sorry; that is another vessel — counterpart in Scotland, Minister Lochhead, in January when I visit him.”
“The new fund will cover the delivery of a wider range of key environmental outcomes under two broad themes: ensuring good habitat quality, landscape and species abundance and diversity; and the promotion of health, well-being, resource efficiency and sustainable economic development, realising the full value of our environment. It will provide a more comprehensive, transparent and consistent funding mechanism by which the majority of environmental outcomes can be delivered by third parties under grant aid. <BR /> <BR />Alongside the environment fund, I have also recognised that the Department will continue to need to develop additional mechanisms to support the delivery of environmental priorities in 2016-17, and beyond, via funding to third parties.”
“Conscious of the difficult operating environment and the fact that current funding arrangements finish on 31 March 2016, I had indicated that I would urgently consider the development of appropriate funding mechanisms to enable third parties to deliver key environmental outcomes from April 2016. I have listened to the views of stakeholders, who particularly sought certainty on funding and multi-year funding, and I today announce a new environment fund that will cover two years, with possible extension for a third year. Funding will be allocated for the next financial year, 2016-17, with the potential for funding in future years subject to future Budget decisions made by the Northern Ireland Executive and Assembly. That is a broader fund than the previous natural environment fund.”
“I have written to council chief executives on the matter, and I will speak to them all about it in the near future. Whereas the Assembly has the power to investigate whether an account number given by a Member is actually a personal account, councils do not have that investigative duty or power.”
“I thank Mr Allister for that question; again, I am aware of the situation to which the Member refers. However, I fear that this review will not provide an opportunity to address that anomaly that he quite rightly identifies. Both primary and subordinate legislation clearly state that councillor allowances are payable by councils directly to councillors. The relevant legislation is contained in Part 3 of the Local Government Finance Act (NI) 2011 and in the Local Government (Payments to Councillors) Regulations (NI) 2012. <BR /> <BR />In light of the recent court proceedings, my officials wrote to all district council chief executives to remind them of this legislation, but the legislation is silent on which bank accounts councillors' allowances must be paid into.”
“I thank Mr Cree for that question, although I am sure that no political opponents would stoop to such depths as to use what is written in the code as a means to attack or detract from a political opponent. I think that it is vitally important that all members adhere to what is written in the code and also to what is not written with regards to the respect with which they treat their fellow politicians and members of the public.”
“I thank the Member for his question. The aspects of the code that are being reviewed are in parts 3 and 8. I have described in detail the implications around part 8, which pertains to decision-making by councils and councillors. Part 3 deals with principles, and that will hopefully address some of the concerns that the Member has raised. I cannot pre-empt the outworkings of a review, but it will go out to consultation and the Member and party colleagues will have an opportunity to take part in that consultation.”
“Further, they would not be allowed to act as an advocate for, or promote, a particular recommendation in relation to matters being considered. Basically, councillors would not be allowed to be politicians or public representatives. The working group will look at each of these concerns, and part 8 in general, and I look forward to receiving its comments. Clearly, I am hopeful and confident that these issues will be resolved.”
“I thank the Member for his question. Part 8 has caused the most consternation and, indeed, I think it fair to say, confusion among councillors and NILGA, their representative body. Many of the issues revolve around the fact that it can be interpreted as diluting or emasculating their performance as elected representatives. The concerns expressed were that councillors would not be allowed to organise support for, or opposition against, a particular recommendation or matter being considered; they would not be allowed to lobby other councillors on a matter being considered or not to comply with political group decisions on a matter being considered where the decisions differed from a councillor's own views.”
“It is important that the local government sector has an opportunity to put forward its views on the code, and the working group will engage with key stakeholders and invite them to give their views in writing or at a stakeholders' engagement event. The review will be completed, and consultation on any revised code of conduct will commence during the current mandate. However, I have asked the chair of the working group to seek the views of key stakeholders on the possibility of shortening the timetable for the review to enable the consultation to be completed and the revised code put in place during this mandate.”
“Go raibh maith agat, a Cheann Comhairle. I have appointed the chair of a working group that will shortly commence a review of the Northern Ireland local government code of conduct for councillors. The working group will review the principles in part 3 and the rules on decision-making in part 8 by February 2016. I will consider the outcome of the review and any proposed changes to the code of conduct prior to consultation.”
“I do not know where in DRD's plans there might be plans to upgrade the pumping system there. However, if we can lend support to locals in that area in lobbying DRD, we will certainly do so, given the negative environmental impact that this clearly has.”
“I thank the Member for that supplementary. I have undertaken to work on this with him, the council and other Departments that clearly have an interest in and responsibility for addressing and eradicating the issue.”