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 know that the Member has a particular interest in this, and, being familiar with the natural beauty of south Down, I cannot blame him.”
“I thank the Member for the question. I am familiar with the marine litter survey. My Department has been active, along with the council, which retains ultimate responsibility for beach cleanliness, in working on all beaches in the south Down area. Where there are specific issues on specific beaches, I would be happy to meet the Member and have my officials meet their council counterparts to devise ways in which those can be best tackled. <BR /> <BR />In Ardglass, which is in the Member's constituency, a lot of work has been done with the fishermen. My Department continues to fund the Fishing for Litter scheme, which has had an impact on reducing the litter washing ashore on the beautiful beaches of south Down.”
“I believe that it is very important. It is telling that every other region on these islands has gone down that road and has the model of an independent, or at least arm's-length, environmental protection agency, and most European nations have similar arrangements. <BR /> <BR />It will become even more important as we move to the new departmental structures, when most of the classic environmental functions of DOE will be amalgamated with those of DARD. That has caused a lot of concern for environmental NGOs, but not just them. We have to work with others on achieving or securing Executive agreement. Naturally enough, we have to make people aware — not just politicians but those in industry and agriculture — that they have nothing to fear from an independent environmental protection agency.”
“It is my intention to attend the Environment Committee on Thursday to fill it in on my plans for how we proceed towards, hopefully, the eventual establishment of an independent environmental protection agency. I do not want to disappoint or upset Ms Lo by revealing those details here first.”
“I thank Mr Lyttle, not just for the question but more so for the support. His party colleague and Chair of the Environment Committee, Ms Lo, has also been extremely receptive to the idea since I floated it, as she was to the work done in 2011 by my predecessor, when he had discussions and consultation on this very important matter.”
“I thank the Member for that question. While it is not illegal or unlawful, it is certainly, in my opinion, unacceptable. I think that it is an abuse of electoral rules, which may not be fit for purpose to begin with, and also an abuse of the democratic will of the people who might vote for a candidate as an independent without knowing who is on the substitutes list to which I referred earlier. Even now, the people who voted for independent councillors across councils in the North have no way of ascertaining who the six substitutes are. That is not open for public consumption.”
“If the list is exhausted and no substitute has been declared returned, the vacancy will be filled by way of a by-election.”
“That states that members elected as independents may submit, to the Chief Electoral Officer after the election, a list of up to six substitutes who will be contacted in order to fill their seat in the event of that seat becoming vacant during the council term. On receipt of a notification of a vacancy from an independent member with a substitute list, the Chief Electoral Officer will write to the first-named substitute on the list, asking them to confirm in writing within 14 days of the request if they are willing and able to take the seat. If the first-named substitute is unable to fill the vacancy, the Chief Electoral Officer will repeat the process of contacting the named substitutes in order until the vacancy is filled or the list is exhausted.”
“The legislation that makes provision for the filling of casual vacancies on district councils, including vacancies arising as a result of resignation, is the Electoral Law Act (Northern Ireland) 1962. The 1962 Act was amended in 2010 to change the way in which vacancies and district council seats arising during term are filled. That provides, amongst other matters, for members who stood as independents when elected to be replaced using a list of substitutes provided by the member prior to the vacancy arising. As elections are an excepted matter under section 4(1) of and schedule 2 to the Northern Ireland Act 1998, this is therefore a matter for the Secretary of State. <BR /> <BR />I am aware that the Electoral Office here has issued guidance on the filling of casual vacancies.”
“I thank Mr Byrne for that supplementary, and I am sure that the Deputy Speaker is extremely concerned with miles per gallon. I am also sure that he will be equally concerned about the prospect of an increase in his road tax. <BR /> <BR />This is a matter for the Department for Transport, and, at this stage, I have heard nothing to indicate that there is any potential impact on future levels of road tax. In a statement on 2 October this year, the Transport Secretary advised that Volkswagen users and taxpayers, including those in the North of Ireland, will not incur higher vehicle excise duty if their existing vehicles are found to be fitted with illegal software that manipulates emissions tests.”
“I thank the Member for that question, which is, indeed, very topical, and which concerns me as a Volkswagen driver — I know that you are one as well, Mr Deputy Speaker. <BR /> <BR />I strongly support the development of the European Commission proposals for real driving emissions standards legislation. The legislation, if adopted, will require car manufacturers to ensure that real-world vehicle emissions comply much more closely with European emissions standards.”
“I thank the Member for that question. My officials are in regular contact with their DETI counterparts on that issue. We have a target set down for the outputs from renewable energy that we aspire to in the Programme for Government, and that is that 35% of energy should be produced from renewable sources by 2025. Currently, as things stand, and if we keep going as we are, we would hit about 33·3%, which is less than the target but is an admirable enough effort nonetheless. Other considerations, though, will now have to come into play following on from Minister Bell's statement in the Chamber two weeks ago on the Northern Ireland renewables obligations and the culling of subsidies to renewable energy providers. That will obviously have an impact on how much renewable energy is produced.”
“<BR /> <BR />In response, I suppose, more to the question, at last glance, councils were performing well, and we as a region are performing well. In fact, the quarter before last was the first time ever that we actually recycled more waste than we sent to landfill, which was quite a landmark achievement. However, we cannot afford to be complacent. We have to keep reinforcing the messages to and through our councils on the importance of recycling not just to our environment but to our economy.”
“I thank Mr Allen for that very important question, which is the first that I have received from him, and which many householders and business owners ask me on a regular basis. <BR /> <BR />Different councils deal differently with their recycling. As a consequence, different councils perform differently when it comes to the recycling rates that they achieve. Tomorrow, I will meet the waste programme board, which is the strategic oversight body for dealing with waste right across the North. That will give me a better insight into who is performing well, how they are performing well and who maybe needs extra help. My Department offers much assistance to councils in that regard through capital grants that are available to councils for plant and machinery to aid them in their recycling efforts.”
“Hopefully, I will not have to wait until that date to have those discussions with Minister Kelly. As I said, I am hopeful of convening another meeting or seminar of sorts in the interim, on which I will also be more than happy to report back to the Assembly.”
“I thank Mr Sheehan for that supplementary question. As with all NSMC meetings, there will be a report back to the Chamber. A statement will be given, and questions can be asked.”
“I believe that it is vital that we explore how together we can offer leadership on climate change matters for all the people of Ireland and provide hope to those beyond our shores who are especially vulnerable to the impacts of climate change but yet have done the least to cause the problem.”
“<BR /> <BR />I am in regular contact with Minister Kelly in the Department of the Environment, Community and Local Government on a range of environmental matters. With the Paris summit on climate change taking place at end of November, I have agreed that a discussion on climate change will be held at the next North/South Ministerial Council (NSMC) environment sector meeting scheduled for 18 November. Furthermore I am keen to frame my input to the Paris discussions from an island-of-Ireland perspective. To that end, I have written to Minister Kelly and representatives of the Council for Justice and Peace of the Irish Episcopal Conference to arrange a meeting to discuss common issues of concern to be taken forward at COP21.”
“The overwhelming scientific evidence from the Intergovernmental Panel on Climate Change (IPPC) fifth assessment report highlights the dramatic changes to our climate and their causes. Pope Francis’s recent interjections on climate change to EU and USA leaders helped to highlight the moral responsibility that we all have to protect the poorest and most vulnerable groups and regions from the dangers of climate change. I will be attending the Conference of Parties 21 (COP21) as part of the UK delegation, along with Ministers from Scotland and Wales. It is my intention to engage with colleagues from the devolved Administrations, Ireland and other countries to encourage and provide support for a comprehensive global agreement on action on climate change.”
“I thank Mr Eastwood for that question. My Department retained three planning applications for hydroelectric power schemes on the Faughan and a further application associated with one of those schemes for the proposed installation of a fish pass. I recently issued a notice of opinion to refuse planning permission for A/2011/0237/F, a proposal at Crockahilly Road, Claudy on the grounds of the potential impact on nature conservation interests and the loss of active peat. The applicant can, of course, request a hearing before the Planning Appeals Commission if they do not accept those reasons. Consideration of the remaining applications is ongoing. I will be the final decision-maker and will fully consider all the relevant issues and all the relevant correspondence that I have received before deciding on the way forward.”
“Thanks to Mr Ó hOisín for that. I take on board the Member's comments or suggestions, and think that that is always useful, as it certainly will be in this case, to look at the practice in other jurisdictions. He also touched on a very important matter, which is consultation with river users who, primarily, are anglers. I get plenty of correspondence from anglers on this and many other issues. I know that many are very opinionated, but there is a great degree of expertise in the angling community that I believe that I, as Minister, and we, as a Department, should be availing ourselves of and utilising to get the best outcomes for our environment.”
“An interdepartmental group has been established to take forward an agreed guidance and policy document for run-of-river hydroelectric schemes. The interdepartmental group comprises DCAL, the Loughs Agency, the Rivers Agency, DOE planning officials and the NIEA. The guidance and policy document will set out clearly the requirements for each of the various Departments. It is not the intention to provide a design brief for these installations. It is anticipated that the group will produce an interdepartmental guidance and policy document by summer 2016.”
“As regards the failure, as Mr Agnew might describe it, to serve a stop notice along with, or now subsequent to, the enforcement notice, given the legal challenge that has been initiated, I cannot comment further on that.”
“I thank the Member for that question. I gratefully accept his acknowledgement of the attempts that I have made in this regard. When the matter was first brought to my attention, I instructed officials to seek a voluntary cessation and to investigate and monitor ongoing activity on the lough. The warning letters were sent out over a year ago now, advising that the unauthorised activity constituted a breach of planning control. <BR /> <BR />Between that stage and issuing the enforcement notices, we had to go through a lengthy process of gathering sufficient evidence that work was ongoing. We had plenty of anecdotal evidence, but it had to be evidence that we thought was robust enough on which to defend an enforcement action. We now find ourselves having to defend that enforcement action.”
“I thank Mr McGlone for that question. As I said in my response to the original question, I am acutely aware that this is a very complex issue involving a lot of extremely important environmental and socio-economic considerations. Industry estimates of the number of people directly employed in the working of materials from Lough Neagh vary from between 150 persons to 200 persons. Mr McGlone gave a more conservative figure, but I have heard that up to 1,000 people are indirectly involved or employed in the supply chain. As I said, a legal challenge has been initiated against my Department, and I am not able to comment further at this stage.”
“The PAC has also received a request from the appellants to extend the time granted to them to submit environmental information until October 2016. I know that that has raised eyebrows and hackles in some quarters as well.”
“I thank the Member for her supplementary. I am aware of the concerns of the fishermen on the lough and the impact that this is having and has been having on their livelihood for some time. However, given that jurisdiction has now passed to the PAC, I could not even hazard a guess as to how long it will take. It is now the subject of a judicial review. Legal action has been brought by a third party who would like stop notices to be issued, which would, I suppose, satisfy the fishermen to some extent. That is currently the subject of a legal process.”
“The PAC, in considering its decision in the matter, will consider, inter alia, an environmental statement to be prepared by the appellants. Thus, responsibility for determining the status of enforcement action and whether planning approval should be granted for the sand-dredging activities concerned has passed to the jurisdiction of the PAC. <BR /> <BR />I am acutely aware that this is a complex issue involving important environmental and socio-economic considerations. In order to respect both the judicial process and the independent appeals process, including the rights of the parties involved, I do not intend to comment further on these issues, pending the outcome of the procedures.”
“On 27 May 2015, enforcement notices were issued to all relevant parties and were to take effect on 30 June 2015 unless appealed to the Planning Appeals Commission (PAC). The Shaftesbury estate appealed the enforcement notices on 24 June, and the five sand operators lodged appeals with the PAC on 26 June. No parties have appealed the environmental impact assessment (EIA) determination. The enforcement notices have ceased to have effect, pending the PAC's determination of the appeal. <BR /> <BR />The grounds specified in the appeal have also had the effect of passing statutory responsibility from the Department to the PAC for determining whether planning permission should be granted for the sand extraction activities concerned.”
“Due to a recently instigated legal challenge in relation to the Department's ongoing enforcement case, I am limited in what I can say on these matters. By way of background, when the situation was brought to my attention, I instructed officials to seek a voluntary cessation of operations and to investigate and monitor any ongoing activity on the lough. Warning letters were sent to operators on 25 September 2014, advising that the unauthorised dredging activity constituted a breach of planning control and should:”
“I thank the Member for her question and remind the House that there is no application for or from John Lewis at Sprucefield or anywhere else in the North. <BR /> <BR />The purpose of the SPPS is to set out a clear regional strategic planning policy for the new two-tier planning system. This will allow the new councils to take account of the strategic direction in their plans and policies at local level. Therefore, it is not considered appropriate to include a specific site in the SPPS. Such issues should be and, I have no doubt, will be dealt with through the local development plan of the new council.”
“The retail sector is one of the most important elements of our economy, and I am confident that it has the resolve to respond successfully to the present challenges and difficulties with which we are all familiar. Collectively, we can all bring about positive change, economic growth and a more sustainable future for city and town centres.”
“I thank Mr McKinney for those very pertinent and timely questions. As I have said, going forward, more can and must be done to support town centres and the retail sector across the region. I wish to see closer working among Executive colleagues, who have key roles to play in the creation of the thriving town centres that we all want to see. Urban regeneration, the provision of public transport and other infrastructure, rates and effective town centre management are but some of the necessary ingredients to create the mix of uses essential to the continued attractiveness of our town centres. I also believe that, with a greater array of powers or functions, councils now have considerably more power to influence positively the shape, attractiveness and use of city and town centres.”
“My assessment is that the new strategic policy context and its key features can be a catalyst for facilitating successful, sustainable and attractive town centres.”
“It therefore encourages councils to work collaboratively with all relevant stakeholders to inform the preparation of local development plans based on robust and up-to-date evidence. Under the new planning policy framework, councils will define a hierarchy of centres, consider their role and function and develop a strategy for town centres and retailing that must promote town centres first for retail and other main town centre uses. In addition, a sequential approach will have to be adopted, with preference given to town centre sites and then edge-of-centre sites, before consideration is given to out-of-centre sites. Plans will also incorporate a new call-for-sites approach to identify available land to meet retail need. <BR /> <BR />I consider that more can be done to support town centres and the retail sector.”
“I recognise that our high streets continue to face difficult challenges. Whilst the planning system is not the panacea, I believe that it has a key role to play in allowing town centres the opportunity to retain and develop their retail base. The strategic planning policy statement (SPPS) that I published last month furthers that belief. It introduces new strategic planning policy to assist with supporting and sustaining vibrant town centres across the North through the promotion of established town centres as the appropriate first choice locations of retailing and other complementary functions, consistent with the regional development strategy 2035. <BR /> <BR />The SPPS recognises the wide range and complexity of issues that influence the development, role, function and success of town centres.”
“I thank Mr Kennedy for his question — the first that I have had the pleasure of getting and the privilege of trying to answer. Employment levels in councils are clearly a matter for the councils. As I have said, I will meet the chief executives and chief planners in all the council areas in the coming weeks. Certainly, if Members here and members of the public have raised issues with me about problems that they perceive to exist in certain areas, I will urge the council chief executives to pay particular attention to those areas. Often, the backlogs can be due to a multitude of factors: perhaps they are awaiting consultation responses from Transport NI, NIEA or other such bodies.”
“However, if there are issues with particular offices or councils, I will certainly be happy to speak to the Member. I will also meet the chief executives of all the councils to see how we can make planning work better for people.”
“Nevertheless, I believe that, despite initial teething problems, the majority of councils are now coping admirably with what is, I have to say, a much-increased workload. I was speaking to planners in the Derry City and Strabane District Council area, and they are now dealing with 150 more applications than the same office was at this time last year. That is obviously indicative of an upturn in the economy, which we should all welcome.”
“I thank Mr McCallister for his question. He referred to inconsistencies in interpretation of planning policy statements across council areas, and I can certainly sympathise with that. I often see inconsistency in the interpretation of existing planning policy statements among planners. Indeed, planning is not really black and white, and nor should it be. It allows different people to interpret policy differently. It does and should afford flexibility. Every application should be judged on its own merits. However, there should not be the glaring inconsistencies of interpretation to which the Member referred. <BR /> <BR />I have acknowledged previously in the Chamber that the transition period of the handover of the planning function to councils on 1 April and subsequently has not exactly been seamless.”
“I thank Mrs Dobson for that question and certainly sympathise with communities in rural areas that are seeing an erosion of services available to them, often due to dwindling populations in those once vibrant communities. Although I cannot give her a guarantee that the SPPS on its own can address these issues, I am confident and can assure her that the SPPS gives councils the opportunity to address these issues through their own local development plans. It affords them the flexibility to do so. No one should be more aware of these issues and the impact that they are having on local communities than the councils and councillors. I am very confident that they will use the flexibility that the SPPS affords them to ensure the best possible outcome for their council areas and their communities.”
“As long as the council's local planning policy takes account of the general thrust of the government policy in respect of development in the countryside, councils are free to develop their own approaches to deal with the local issues that they face.”
“I thank Mrs Kelly for that supplementary question, which might even have been longer than my answer to the previous questions. <BR /> <BR />As Members will be aware, PPS 21 allowed for the designation of dispersed rural communities. That approach was retained in the final draft of the SPPS, following public consultation, but I was ultimately unable to secure Executive agreement to its inclusion in the final document. <BR /> <BR />Although dispersed rural communities no longer feature in the SPPS, I am confident that the SPPS retains an appropriate degree of flexibility. As I have said, the SPPS enables councils to bring forward bespoke local policies for the development of rural districts in their area through local development plans that address their specific economic, social and environmental circumstances.”
“Councils may develop their own approaches to deal with the local issues they face. <BR /> <BR />In addition, due to the responses to the public consultation on the draft SPPS, my Department is now taking forward a full review of strategic planning policy for development in the countryside. That review will require significant additional research and consideration and extensive engagement with key stakeholders, which will give them an opportunity to influence the future strategic planning policy direction in that important area. My officials have commenced preparatory work on the scope and content of the review, including the time frame for completion.”
“I would be most grateful if you could afford me more time, Mr Deputy Speaker. It is a composite answer to questions 2 and 9.”
“<BR /> <BR />The SPPS recognises that the LDP process is the main vehicle for assessing future housing land requirements and managing housing growth across a plan area, both urban and rural, to achieve sustainable patterns of residential development that are consistent with regional guidance in the regional development strategy (RDS). In preparing LDPs, councils must bring forward a strategy for housing, together with appropriate policies and proposals that reflect the approach set out in the SPPS, which is to ensure an adequate and sustainable supply of housing across the plan area. As long as a council’s local planning policy takes proper account of the SPPS and the objective —”
“<BR /> <BR />The SPPS pitches planning policy at a more strategic level than the planning policy statements that have been previously prepared by the Department. It enables councils to bring forward bespoke local policies for the development of the rural parts of their own plan areas through their local development plans (LDPs), which will address their specific economic, social and environmental needs. Such policies can reflect and complement the provisions of the SPPS and may involve recognising areas that are particularly sensitive to change and areas that have lower sensitivities and, thus, provide opportunities to accommodate sustainable development.”
“With your permission, Mr Deputy Speaker, I will combine the answers to questions 2 and 9. <BR /> <BR />The purpose of the strategic planning policy statement (SPPS) for Northern Ireland, which I published on 28 September 2015, is to assist in furthering sustainable development under the new two-tier planning system. In the context of development in the countryside, the regional strategic objective of the SPPS is to manage growth to achieve appropriate and sustainable patterns of development in support of a vibrant rural community, whilst, at the same time, conserving the landscape and natural resources of the rural area and protecting it from excessive or inappropriate development.”
“Finally, I recognise that much of today's debate has focused on the provision of housing in the rural parts of Carrickmore. I also acknowledge that, during the formulation of the SPPS, significant issues were raised in relation to rural planning issues. I remind Members today that I have already instructed my officials, as a priority, to carry out a full review of strategic policy on development in the countryside. That has already commenced.”
“Furthermore and subject to the successful passage of the Regeneration Bill through the Assembly, urban regeneration and community development powers and budgets are due to transfer from the DSD to councils next year. That will enhance and further integrate the levers that councils have to meet housing requirements in their area. <BR /> <BR />The wide-ranging reforms to the planning system and to local government provide a real opportunity to redefine the role of local government in delivering housing for local people. New development plan responsibilities, coupled with community planning powers, have enhanced the ability of councils to implement spatial planning frameworks to shape local places and meet local needs and priorities such as housing provision in communities such as Carrickmore.”