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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“<BR /> <BR />A further positive outcome of the local government reforms that I have introduced is community planning powers for councils. That has integrated existing council responsibilities, such as land use planning, with local economic development, off-street parking and local tourism. Community planning enables councils to work in partnership with central government, statutory bodies and others, including businesses, voluntary organisations and communities, to develop and implement a shared vision for their area. It involves integrating service and function delivery and producing a community plan that will set out the future direction of a council area and help tackle cross-cutting issues that require a collaborative approach, such as housing provision.”
“I am sure that Members from areas with a larger rural population, particularly in the west of the region, will appreciate that. <BR /> <BR />The Northern Ireland Housing Executive has an important role to play in identifying housing need and the potential for housing growth by carrying out housing needs assessment and housing market analysis. Those identify the range of housing needs, including that for social and affordable housing, as well as providing a solid evidence base that councils can use in making decisions to zone land to meet need. Councils should also use the RDS figures as baselines or starting points when developing housing strategies and policies in their LDP. If necessary, they can then be adjusted in light of the Housing Executive's housing needs assessment or housing market analysis.”
“It provides a broad housing evaluation framework to assist councils in making decisions on the allocation of housing growth in their area through the LDP process. The strategy also sets out housing growth indicators as a guide to councils in preparing LDPs. Those figures are an estimate of the housing needed in each council area. They provide a guide to councils for allocating housing distribution across their area and cover urban and, importantly, rural housing growth. An important step in the housing allocation process is that councils make the correct judgements to achieve a complementary urban and rural balance that meets the need for housing in their towns and in the smaller settlements and rural parts of their area.”
“Fermanagh and Omagh District Council, using its newly devolved planning powers, is preparing a new local development plan for its area. That new plan will build on preparatory work carried out previously for the west Tyrone area plan 2019. The LDP process is the main vehicle for assessing future housing land requirements and managing housing growth to achieve sustainable patterns of residential development. The SPPS provides strategic guidance for plan preparation to assist councils with that process. <BR /> <BR />The DRD's regional development strategy (RDS) 2035 provides long-term policy direction to guide the public, private and community sectors and gives regional guidance on managing housing growth to achieve sustainable patterns of residential development.”
“That includes the delivery of social and affordable homes and supporting urban and rural regeneration, particularly in deprived areas. <BR /> <BR />My approach to housing is to ensure an adequate and available supply of quality housing to meet the range of housing needs; promote more sustainable housing development in existing urban areas; provide mixed housing development, with homes in a range of sizes and tenures; and integrate housing in mixed-use developments. <BR /> <BR />In preparing their LDPs, I expect councils to bring forward a strategy for housing together with appropriate policies and proposals tailored to the specific circumstances of the plan area that must also reflect the strategic policy approach of the SPPS.”
“Councils now have the positive task of facilitating housing growth in response to changing housing need, which is central to meeting the needs and aspirations of society.”
“The new strategic planning policy statement (SPPS), which I published last month, sets out my expectations for the delivery of planning functions across the region. This includes how the planning system can play a positive and supporting role in the delivery of homes to meet the full range of housing needs within the wider framework of sustainable development. <BR /> <BR />Within that wider framework of furthering sustainable development, councils now have the important responsibility of setting a vision for the long-term future development of their area through the preparation of local development plans. Mr McElduff and other Members referred to the age of the Omagh area plan: it is fair to say that that is one OAP that is certainly past its "Best before" date.”
“<BR /> <BR />I recognise that housing functions cut across the responsibilities of a number of Departments. That being the case, I work closely with my Executive colleagues on housing matters, particularly with DRD and DSD and the Northern Ireland Housing Executive. My Department also engages with a range of non-governmental bodies involved in the delivery of housing, such as industry groups, developers and housing associations. <BR /> <BR />Members will be aware that I have fundamentally overhauled the planning system and redefined the landscape of local government in the North. On 1 April 2015, the majority of planning powers transferred from my Department to the 11 new councils, giving them a much broader range of powers and flexibilities to implement change on the ground where it matters most.”
“Carrickmore also has a vibrant rural community, evidenced by the fact that almost 200 planning applications for single dwellings, including outline, full and reserved matters, have been approved within a five-mile radius of the village over the past five years. <BR /> <BR />Access to good housing contributes to creating a safe, healthy and prosperous society. I firmly believe that this is fundamental to creating places where communities such as Carrickmore can flourish. Housing is a key driver of physical, economic and social change, and it is crucial that we manage housing growth in a sustainable way. That means placing particular emphasis on the importance of the interrelationship between the location of local housing, jobs, facilities and services and infrastructure.”
“Ar dtús, ba mhaith liom mo bhuíochas a ghabháil leis an Chomhalta as an ábhar áirithe seo a thabhairt os comhair an Tionóil fá choinne díospóireachta inniu. First, I thank the Member for his interest in this issue, which I consider an important topic for debate. Good housing is a fundamental human need that plays a significant role in shaping our lives and our communities. It is an issue of concern for everyone. <BR /> <BR />Mr McElduff and Mr Byrne have already given us a virtual tour of Carrickmore, which lies around 10 miles to the east of Omagh on a plateau bounded to the north and west by the Sperrins uplands. With Slieve Gallion to the east, the locality is extremely impressive. The number of cairns, stone circles, standing stones and raths in the vicinity indicate the richness of the area. The town itself is steeped in history.”
“Councils here have new powers and functions, but I will have to get back to the Member on the issue of the directly elected mayor. <BR /> <BR />Mr Dallat spoke of some of the successes of Derry, and there have been many, as there have been for Strabane and other areas of the north-west. Despite that, we have to accept that there has been a historical infrastructural and economic neglect of the north-west. Mr Ó hOisín also touched on some of those successes, namely around the UK City of Culture. <BR /> <BR />If the Assembly is to truly deliver for people and if the Executive are serious about addressing the economic deficit in the north-west, we need to step up to the mark and lobby Treasury for a city deal for Derry, Strabane and the wider north-west.”
“For this to be a success, we have to raise the performance not just in the north-west of the North but in the north-west of the South, which has similarly suffered due to its peripherality. <BR /> <BR />Raymond McCartney spoke of the work of the strategy board and said that any discussions around city deals had been light on detail. As I said, we, the council and the community have a role to play in fleshing out that detail. Mr McCartney referred to the experience of Glasgow, with most money coming from the Scottish Government and not from the Treasury. The fact is that, for the north-west, not enough money is currently coming from this Government, never mind from the Treasury, so anything additional will be a bonus.”
“Michaela Boyle raised concerns — as did Mr Hussey and some other Members — that all citizens and constituents of the wider north-west region must benefit from this type of deal, and I have no doubt that they would. I have no doubt that the benefits of this would not be confined even to the north-west. All of Northern Ireland would benefit as a result of lifting the performance and value of the second city, primarily, and its environs, the surrounding towns and villages, of which Strabane is a most important one. <BR /> <BR />Collaboration with our neighbours in the South is imperative. We have raised this already as a party directly with the Irish Government, and it has been incorporated into the motion.”
“I will not. <BR /> <BR />Judith Cochrane is supportive of the concept of city deals. She spoke of the successes of the One Plan and said that 81% of it had been implemented. I must check that out, but small matters of it have not been implemented, such as motorways and the university. I recognise and acknowledge her party colleague Minister Farry's support for the physical extension to Magee but have seen little evidence of his commitment to increasing the student numbers there. Mrs Cochrane quite cynically played off the support of other Executive parties for teacher training at St Mary's and Stranmillis against the expansion of Magee. I think that was quite a feeble excuse for her Minister, unless he is proposing or considering that all teacher training be moved to Magee in the future.”
“I do not really have time, but I will chat to you afterwards.”
“He spoke of the need to change the record in a remark that sounded scarily like Minister Foster. The Government need to change or improve their record of underinvestment and support for the north-west.”
“Ms McLaughlin referred to tax takes and wondered how that would or would not work in a devolved region, but Scotland and Wales are devolved regions and they will work. We can design our own deal. This is about empowerment — empowerment of Derry. <BR /> <BR />Ross Hussey said that civic leaders in the city need to step up to the mark. Civic leaders in the north-west have always stepped up to the mark; they just keep getting left there. It is time that we, as political leaders, stepped up to the mark and delivered for them. He touched on the subject of Ilex, the urban regeneration company in the city, which, despite being hampered by excessive red tape, has managed to make some progress but nowhere near as much as we would like to have seen or that the city needs.”
“Colum gave some statistics around the low number of high-end jobs in the city, and he touched on economic activity and unemployment. Derry City and Strabane District Council area has the bleakest figures out of 650 councils across these islands. <BR /> <BR />Maeve McLaughlin agreed with Colum that we should not look a gift horse in the mouth, but her concerns about the idea of entering into a contract, as she saw it, with a Conservative Government suggest that she fears it might be more of a Trojan Horse than a gift one. To address one of Ms McLaughlin's points, it is not only big cities that are benefiting from city deals. While our population cannot compare to some of the bigger cities, why can the financial approach that is being taken there not be taken here?”
“<BR /> <BR />We need to look at a creative way of finding and securing the funding necessary to overcome the obstacles to Derry and the north-west's economic development. We in the SDLP believe that the city deal is such a vehicle. There has been quite a bit of discussion today, however I think that you would need a full day to discuss city deals and what they look like; they look different in different places. That is the beauty of them. We can work together with the council, businesses and communities to see what a city deal would look like, how it would work and what it can achieve. <BR /> <BR />Mr Eastwood, who proposed the motion, said that, in Derry, we are no stranger to plans. We have had lots of them, but the resources have never been allocated to allow those plans to be implemented.”
“<BR /> <BR />However, the motion and debate is not about rehashing those problems but about identifying a solution to them. A lot of people in the north-west thought that there might have been a speck of light at the end of the tunnel with the establishment of the new north-west ministerial subgroup, which was then diluted to the regional opportunities task force. However, given more adverse publicity around the lack of progress that that group has managed to achieve, we have to be careful that it does not become seen as a wasted opportunities task force. I think it is vital that we have all Ministers in all Departments where there are no Ministers with responsibility for addressing these issues around a table with a commitment to doing just that: addressing them.”
“Mr Dallat touched on the issue of rail, where we have seen some real improvement. However, the fact is that, for many years, since long before I was here and long before I was even born, people have lobbied for road improvements that we have yet to see. There are connectivity issues that need to be addressed. <BR /> <BR />There is also the issue of digital connectivity, which is something that prospective investors and employers very much look for. We have seen improvements made in the past few years since the advent of Project Kelvin. I know that the Chamber of Commerce in Derry is working hard to maximise the benefits from those improvements. The issue of the university is a running sore that has never healed in the city. Most of us have been and are fighting for its expansion, but we now find ourselves fighting against its contraction.”
“Last week, I participated in an event at the Magee campus of the Ulster University in Derry. It was hosted by the Chamber of Commerce up there and was attended by me, Minister Foster and Mr McCartney. We took part in what I found to be a very constructive discussion. It was more of a discussion or dialogue than a debate around the issues that are inhibiting the economic development of the north-west. Those are issues that everyone sitting around here will be familiar with. Those of us who are from the north-west will be more familiar with them than those who are not. <BR /> <BR />There is the issue of roads and the lack of good infrastructure in and out of the city. It is ridiculous that the second city in Northern Ireland and the fourth largest on this island does not have a motorway coming in or out of it.”
“I think that it is well past the time for hand-wringing about it being too difficult and emotive an issue to tackle. I am prepared to take leadership to try to find workable solutions. I have been discussing the matter with my officials and asked them to consider future options that may have the potential to improve bonfire management and control. It is my intention to bring those options to the Environment Committee in the near future for discussion and consultation on the way forward and then take a paper to the Executive.”
“<BR /> <BR />District councils often take lead responsibility for the overall management of bonfires, and some very good work is being done on that. A number of other bodies have enforcement powers. Those include the PSNI, the Fire and Rescue Service, and the NIEA in my Department. It is likely that none of the major bonfires complies fully with the requirements of existing legislation.”
“I thank Ms Hanna for that question. Every summer, the media coverage of massive bonfires that are in very close proximity to people's homes, and the sectarian burning of effigies on bonfires, does nothing to promote good community relations, nor is it is any advertisement for a place that is moving on from the past and is working towards a better shared future. <BR /> <BR />The legislative position relating to bonfires is extremely complicated and involves a number of public bodies. That makes enforcement less effective, unless there is a joined-up approach. Legally, the ultimate responsibility for bonfires rests with the landowner — often a public body — although those engaged in antisocial and associated activities also carry certain responsibilities.”
“I thank the Member for that supplementary question. As I have outlined, responsibility for air quality lies with councils. The NIEA works closely with councils to identify problems in areas and, importantly, identify and seek solutions. I reiterate my commitment to the Member that my Department will work closely with the council on this issue as we all work together on the bypass issue.”
“<BR /> <BR />Limavady Borough Council, as it was known then, identified levels of nitrogen dioxide arising from transport emissions to be above the objectives set out in the UK air quality strategy. The council therefore declared an air quality management area in 2008, which encompasses Main Street in Dungiven. Levels reported for Dungiven, as high as they seem to us, are comparable to those in other UK cities. However, you are comparing Dungiven with UK cities that might have the same population as Northern Ireland and have air quality problems related to transport. However, those levels are not the highest. Maybe London and Manchester have higher levels of nitrogen dioxide.”
“I thank the Member for that question. I am aware of the issue of traffic congestion in Dungiven; I encounter it regularly and agree entirely with him that one way of tackling the very high pollution levels in Dungiven will be the creation of a bypass. My party colleague John Dallat has been particularly vociferous in campaigning for such a bypass. However, successive Regional Development Ministers have failed to progress the issue. <BR /> <BR />Air quality is the responsibility of district councils, under the Environment (Northern Ireland) Order 2002, to periodically review and assess air quality within their areas. Where air quality is poor — and it is very poor in Dungiven — councils must declare an air quality management area, accompanied by an action plan containing measures to improve air quality.”
“However, we need to convince other parties and sectors of the merits of that. As I said before I got cut off, it is not something I want to ram down the throats of people or groups; it is something that we can make people understand, see the merits of and sign up to.”
“I thank Ms Lo for that supplementary question. I believe that it is because of the restructuring, or the amalgamation, of Departments that this is exactly the right time to carry out this piece of work. There are huge concerns across the environmental NGO sector and beyond that it will not be so much an amalgamation of Departments as a takeover of one Department by another, and there is a huge fear that, as a result, the environmental standards or regulations will be compromised. I will do everything I can to allay those fears. I have said many times in the Chamber that the mantra I have tried to bring to this Ministry is the desire to create a better environment and a stronger economy. I believe that that can be achieved and that it can be achieved with an independent environment agency.”
“There will be views that maybe will have changed, and they may have changed in a way that is more welcoming of an independent environmental protection agency than they maybe were four years ago. This is not something that I want to force down people's throats —”
“I have yet to hear any compelling argument why we should not have an independent environmental protection agency. Every other jurisdiction in these islands has one, as do the vast majority of countries in Europe. It is seen as best practice there, and it works there. I think we should be looking at models in other countries to see what is good about them and how we could make things better here. <BR /> <BR />However, like I said, I want to do this quickly. Fortunately, because of the relative recentness of the consultation that was done in 2011 by my predecessor, I do not think we have to start from scratch when we open the debate. There is a template, and we have the views that were expressed at that time. I do not expect all of them, or many of them, to have changed too drastically.”
“I thank the Member for that question. Before I answer it, in defence of Mr McMullan, Mr Principal Deputy Speaker, I had received notification of his question having been withdrawn. <BR /> <BR />I believe that winning consensus for my proposal or vision will not necessarily be easy, but that certainly will not discourage me from the pursuit of what I believe to be the best outcome for the environment, North and South, of this island. In response to an earlier question, I outlined that the first debate that we have to have, and the first debate that I will need your support in, is on establishing the principle here in Northern Ireland of setting up an independent environmental protection agency. I believe that strong arguments can be made for that.”
“I thank the Member for that question. As regards the issues that the Member raises, the area plan does not deal with such things. They are dealt with separately under planning policy. I remind the Member of my view on fracking and lignite mining, which, I hope, will be strengthened following the publication of the SPPS: no such activity should, could or will be carried out in the absence of sound and safe evidence that it is sustainable and is not detrimental to our environment or to human health. Each application will be judged on its own merits. To date, no application has been received anywhere in the North for fracking. If the Member has ongoing concerns about lignite mining, I would be happy to meet him to discuss those at a later date or even later this afternoon.”
“I thank the Member for that question. While the council may have been informed just last week that the publication of the area plan was imminent, the council and its predecessors have been integral in the formation and formulation of that plan. The publication of the plan is a positive news story for the Causeway Coast and Glens Borough Council area, as it will provide certainty to developers, potential inward investors, providers of social housing and communities. It will also be of great benefit to the council as it proceeds with the drawing up of its new local development plan. I have yet to hear any negative rumblings from the council or from constituents in that area about the content of the plan. However, should there be any, I would be more than happy to meet the Member or whoever to discuss them.”
“<BR /> <BR />In the strategic planning policy statement (SPPS), which is still awaiting Executive approval — hopefully, I will be able to get it out soon — greater flexibilities will be afforded to councils, which are now the planning authorities, to make decisions within their areas on what would be deemed sufficient car parking. I very much hope that Belfast City Council, along with Mr Boal, or, potentially, someone else, will be able to work together and that they will know what the need is in their own city or council area.”
“I thank the Member for that question. I agree fully with the Member. When the decision was first reached, the first I heard about it, after its initial refusal in December 2013, was through the media. A refusal had been issued, at which stage nothing really could be done about it. Given how ridiculous it seemed to me at the time, I invited the Boals to appeal, and I was disappointed by the outcome of that appeal. I subsequently met Mr Pat Boal, the owner of the business, along with planners in the Department to discuss the best way forward for him. I fully accept that that gentleman and enterprise tried to do everything by the book. On that occasion, the system did not work for them, and it is now not allowing them to work.”
“I understand that the car park was closed by the owner of the site following the PAC decision to dismiss the appeal and his receipt of a warning letter from Belfast City Council to cease use of the site.”
“The Boal car parking service was an unauthorised car park use that was refused planning permission in December 2013. The refusal was subsequently appealed and comprehensively reviewed by the independent Planning Appeals Commission (PAC). The PAC dismissed the appeal in June 2015. It found that there had been a failure to demonstrate a quantitative need for the car park and that there were sufficient parking areas, including overflow parking areas, to meet the needs of the City Airport. The PAC, in coming to its view, concluded, taking account of all the evidence, that, whilst there might be a demand for cheaper parking, it did not equate to a need for additional parking at the airport.”
“I thank the Member for that supplementary. Ireland's environment knows no borders, therefore I believe that we should ensure that, at this time of great change, our environmental governance arrangements are well aligned with arrangements in the South. In that way, we would be well positioned to build on the collaborative work already carried out under the auspices of the NSMC. In my view, an independent, all-island environment protection agency is the best way forward to allow us to develop collaboration and pool resources. I recognise that officials, North and South, have not yet fully considered the implications of an all-island environmental protection agency, and so, as a first step, I am opening up the debate in the Assembly and in the Executive about an independent body in the North.”
“As a first step, I intend to open up a debate in the Assembly and Executive about an independent body so that this can be factored into restructuring plans that are under way. I will do everything that I can to deliver this quickly, but I also need other political parties to give their support and commitment to make this happen.”
“Most respondents expressed support for the creation of some form of agency or body within the public sector but operating separately from central government to undertake a range of environmental roles and responsibilities. However, it was recognised that, without sufficient support from other political parties, making such changes to our environmental governance arrangements could not be pursued at the time. With such large changes to our departmental structures being made in the very near future, I believe that now is the right time to revisit this debate. <BR /> <BR />I have reached the clear conclusion that our present governance models are in need of radical review and need to be replaced quickly.”
“Under departmental restructuring, most of my Department’s environmental functions would be inherited by a proposed new Department, the Department of Agriculture, Environment and Rural Affairs (DAERA). I believe that the proposals, as they stand, could create conflicts of priorities and responsibilities within the new DAERA. In short, the present arrangements for environmental governance will become even more out of line with what is regarded as good practice in Ireland, Britain and elsewhere in Europe. Most of these jurisdictions have some form of independent environmental protection agency. <BR /> <BR />In August 2011, my predecessor, Minister Attwood, published a discussion document on environmental governance in Northern Ireland.”
“There is still a lot more work to do, but I believe that an initiative around prosperity agreements that I launched last year demonstrates clearly to industry and business the benefits of environmental compliance or of going beyond compliance in terms of how successful their business can be. I have established a prosperity panel, composed of local and international experts, to advise me how to turn issues such as climate change around from being a barrier to growth into economic and social opportunities. I am glad that that panel also has representatives of business and industry and, very importantly, the agrifood industry. Again, I cannot emphasise enough the importance of that industry to our economy here in the North.”
“I thank the Member for his question. I will repeat the point that I made to Ms Lo: collaboration is vital to reaching consensus, and consensus is vital to achieving success in this regard. I have constantly, I think, outlined the need for our own climate change legislation with challenging greenhouse gas emission reduction targets. I believe that that would create greater clarity and the long-term certainty that business and industry need, even though some members of those sectors feel that climate change legislation would be detrimental to their growth. As I said, I have had some extremely challenging yet extremely productive meetings with representatives of those sectors.”
“We also have to explore the opportunities that could be created in our local economy by a climate change Act, through new green energy initiatives and so forth. <BR />In response to an earlier question, I touched on the clean, green image of the North and how that has helped our agrifood industry become so successful. The development of that clean, green image can only help us grow from strength to strength in that regard.”
“I believe that a climate change Bill and consequent Act is very important for Northern Ireland. I now have a mandate to pursue such a Bill in the Assembly following a vote taken last year on an amendment tabled by Mr Agnew to a motion on an illegal landfill. However, I have to be sure that, if I am going to bring a Bill forward, I will have the support of the whole Assembly in doing so. That is the only way that this can work, and that is why the work that I have been doing to date with other Departments and other sectors — not just the environmental NGOs but, very importantly, industry, those who might perceive that a climate change Act would inhibit or prohibit their growth — is extremely important. We have to bring people along.”
“I do not think that Mr Allister would approve of that.”
“I thank the Member for her question. Unfortunately, my wife does not share Ms Lo's delight that I could be going to Paris in December. Hopefully, a present on my return —”
“<BR /> <BR />To date, I think that councils have recognised that they have a role to play. They have signed up to play that role, but it is important that we as a Department and we as an Assembly support them in doing so.”