Mark Durkan
Foyle · Social Democratic and Labour Party · Northern Ireland
“That review involved an extensive engagement exercise with charities, regulators and funders, aimed at creating a more modern and proportionate regulatory system.”
“When the review was commenced in 2021, many organisations were still in the midst of responding to the pandemic. Since then, they have faced a succession of new and evolving challenges. The ending of European funding programmes, on which so many in our communities relied for decades, has left a significant gap.”
“<BR /> <BR />The broad principles behind the Bill are sensible. The changes will modernise charity regulation, strengthen the Charity Commission's ability to intervene where misconduct or mismanagement occurs, improve information sharing and, importantly, reduce unnecessary red tape, particularly for smaller charities with limited adminis…”
“I welcome the opportunity to speak today. Before turning to the detail of the legislation — there will not even be that much detail in the debate today at Second Stage — I pay tribute to our charity sector. Across every constituency, charities provide support that changes and saves lives every single day.”
“<BR /> <BR />Whilst the SDLP supports legislation that removes unnecessary bureaucracy, we should not kid ourselves that administrative reform alone will secure the future of charities and organisations in the voluntary and community sector.”
“I thank the Minister for giving way. Like other Members, I welcome the fact that we have reached this point. There seems to be consensus among Committee members and, I am sure, all Members that the introduction of these measures will save lives, which begs the question of whether the 10-year delay in introducing the measures had an opposi…”
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“I thank the Member for giving way. He does not have to wait to hear that: he can ask his party colleagues on the Committee who voted for the sanctions why they deemed it proportionate to do so.”
“I cannot, unfortunately. Sorry. I would run out of time. <BR /> <BR />Upholding the ruling is not about silencing anyone; it is about reaffirming that the Assembly expects professionalism, respect and accountability, and that the public can trust our standards process.”
“If there are ambiguities in the code of conduct — we have established that there are — we should and will examine them carefully and transparently in future. The decision today, though, is about whether we respect the rules as they currently stand.”
“We deal with each issue as it presents itself. If the Member wishes to make a complaint, he can go ahead and do so. <BR /> <BR />Committee Chairs have a responsibility to enforce the Committee's remit and procedure. Undermining that authority through personal remarks does not strengthen accountability; it weakens the very scrutiny on which the Assembly and Mr Gaston in particular depend. <BR /> <BR />An apology is important, but it does not automatically end the matter. Standards only have value if there are consequences, otherwise they are simply words on a page. Framing the process as some sort of witch-hunt also does real damage. It undermines an independent officeholder and sends a message that accountability itself is somehow illegitimate.”
“I thank the Member for his intervention. I am not sure that I profess to be an expert on these or, indeed, any matters. However, coming from an expert on all, again, I find that a bit rich.”
“Many people, particularly women, watching the debate will reasonably recognise the tone and implications of that remark as being misogynistic. That does not mean that robust scrutiny is being curtailed. It means that basic respect still matters in this Chamber and in our Committee rooms.”
“I thank the Member for her intervention. I do not think that I will require the extra minute. As someone who is relatively new to the Committee, one of the things that struck me is that the new commissioner will not do these types of things willy-nilly. The amount of advice that is sought and got before any action is taken drags these things out, which means that they take even more time. I can understand Members being concerned about the use of Assembly time to debate a disciplinary issue, although it is a wee bit rich coming from the DUP, which collapsed this place for two years. <BR /> <BR />If we only respect these rulings when they are convenient, the system itself becomes meaningless. The commissioner found that the language used was inappropriate, patronising and unreasonable in context.”
“This debate deserves — deserved — to be approached calmly and seriously because what is at stake is not a single exchange or a single individual but the credibility of our standards system and the public's confidence in the Assembly. <BR /> <BR />We established an independent standards commissioner precisely to ensure that matters of conduct are assessed fairly, consistently and outside the cut and thrust of party politics. Wishful thinking, maybe, but the parking of politics at the door of the Standards and Privileges Committee room is probably reflected by the unanimous vote of its members to pursue this route of action. The members on the Committee know that we have to look at each allegation in isolation and not in a wider context, and I appreciate that that confuses and frustrates some Members.”
“I thank the Minister for that response. Over the past couple of years, we have seen disinvestment in our mental health strategy and our suicide prevention strategy. In my constituency, vital support services have been stripped of funding, and yet more cuts loom for the sector in the shape of the local growth fund. Last year, the number of registered suicides rose to a record 290 — 290 lives lost and families devastated — yet a so-called working group of Ministers has met only once in two years. Does the Minister think that that is good enough? What will she and the Executive do to prioritise mental health?”
“Minister, will any wider review include consideration of the inequalities that exist across the region and of the unfair impact that an ever-reducing rates support grant has on businesses and, indeed, on all rate payers in less affluent council areas?”
“I welcome the Minister's announcement today, although I do understand why some Committee members might have concerns that it was not flagged to them first. As the Minister said, the Road Traffic (Amendment) Bill was subject to extensive consultation and, indeed, significant amendment as it went through the Assembly. If I recall correctly, however, and it has been a long time, the same legislation — now the Road Traffic (Amendment) Act (Northern Ireland) 2016 — also reduced the drink-driving limit. Does the Minister have any intention of commencing that part of the legislation as well 10 years on?”
“Sinn Féin told us that it was going to do something about the cost of doing business, and it has done that all right. Bizarrely, and maybe not reading the room too well, one of the Minister's colleagues asked what he is doing to help businesses that are looking to expand. What is the Minister doing to help businesses that are struggling to survive and keep people in jobs?”
“In isolation, some people — definitely not all people — may be inclined to accept the Minister's explanation and pleas of innocence, but, in the context of some of the same Minister's utterances and those of his party colleagues about immigration, it is a little harder to swallow. The Minister naturally continues to contend strongly that he did absolutely nothing wrong. Does that mean that, heaven forbid, were a similar situation to arise in the future, he would do absolutely nothing differently?”
“I thank the Minister for his answer. That case is far from unique. <BR /> <BR />In November, an independent review of carer's allowance that focused on the issue in England and Wales — the Sayce review — was published by DWP. It found that unclear rules had resulted in thousands of carers' minor earnings breaches having led to major overpayments being accrued. The Government will launch a reassessment exercise this year that will potentially cancel or repay those debts. What is the Department for Communities doing about the issue here?”
“I know that a question for urgent oral answer has been tabled on the Minister's latest breach of the ministerial code, so I will ask about something else.”
“I thank the Minister for the statement. Schools and communities on both sides of the border face similar challenges with deterioration in an ageing schools estate. The management and maintenance of the schools estate in the North has been criticised by the Audit Office and a subsequent Public Accounts Committee (PAC) report. Is there anything different in how those issues are approached south of the border? Is there anything that we can learn from there?”
“Will the Minister ensure that, if there is to be a review of the current temporary release policy, the review will also cover, along with the rehabilitation of the offender, the release of information about eligible prisoners and the impact on victims and their families, including the impact of sensationalist reporting?”
“I appreciate the Minister's giving way. He has spent a couple of minutes dismissing first-generation rent controls. Our motion clearly calls for consideration of the introduction of third-generation rent controls. I do not know whether he has any quotes from economists on the continuation of the right-to-buy scheme or what any economist thinks of that.”
“I thank the Member for giving way and for his critique of our motion. I do not dispute what he said about factors such as supply and the role of water infrastructure. Will he acknowledge that, as an Opposition, we have brought numerous motions on both those issues to the Assembly over the past couple of years?”
“I thank the Member for giving way. During my proposal, I referred to an attempt, some five years ago, to stop, through legislation, the right to buy for Housing Executive properties. Is he aware of whether legislation would be required to introduce a moratorium?”
“The cost of delay is already visible: rising homelessness, worsening child poverty, declining mental health and communities being hollowed out as people are priced out of their areas. Stabilising rents and placing a moratorium on the house sales scheme will not solve everything, but, without them, nothing else will either. The evidence is clear; the consequences are real; the crisis is deepening. If the Minister is serious about doing things differently, now is the time to prove it. <BR /> <BR />I commend the motion.”
“The Minister points to an intermediate rents scheme: that is welcome, but it falls well short of the scale of action required. This is not a routine policy challenge; it is a housing emergency, and the response thus far, sadly, does not meet the reality. <BR /> <BR />The Minister seeks acclaim for his role, whatever that might be, in allowing the Housing Executive now to buy back hundreds of those homes to help address the cost of temporary accommodation. We in the SDLP believe that housing is a public good. That means protecting renters from unaffordable increases and stopping the permanent loss of social housing, not just for today but to ensure that the Housing Executive has the strength to build for and in the future.”
“When I asked the Minister, through a question for written answer, whether he had assessed the impact of the house sales scheme on housing stock and homelessness, I received a one-word reply: "Yes". I have had no detail, no transparency and no accountability, but, hopefully, he can elaborate on that consideration or assessment later in the debate. <BR /> <BR />Meanwhile, Scotland and Wales have ended right-to-buy. In Scotland alone, over 15,500 homes that would have been sold are now retained in the social rented sector. That is what acting in the public interest looks like. The Minister characterises himself as someone who will do things differently to get better results. The jury is still out on the impact that the cuts that he has made to the housing association grant rate will have.”
“However, selling social homes during a housing emergency is indefensible. <BR /> <BR />The Assembly had a real chance to stop the scheme through legislation in 2020, but, when I tabled an amendment to the legislation to do that, the DUP, the Ulster Unionists, Alliance and, bizarrely, Sinn Féin all voted against it. Since that vote in 2020, over 1,500 more Housing Executive homes have been lost. That is virtually a year's worth of homes. Those decisions have consequences: higher rents, longer waiting lists and deeper housing insecurity. We cannot afford to keep doing that. I am not even asking to scrap the scheme now, just to press "Pause", Minister.”
“That matters not just for supply in the here and now but for the future of the Housing Executive itself. Every home sold weakens the Housing Executive's balance sheet, reduces rental income and undermines its asset base. Inevitably, that directly limits its ability to borrow, invest and build at scale. <BR /> <BR />Parties across the Chamber say that they support giving the Housing Executive the power to borrow, yet they continue to back policies that strip away the very assets that lenders look for. You cannot talk up borrowing powers while selling off collateral. I get that parties have different ideological views on the right-to-buy scheme. We all know people who have aspired to and achieved homeownership through that scheme. It has been extremely popular, and that may be why this is so difficult for some parties.”
“I understand the Minister, the sector and others' concerns about that approach, but they are targeted, evidence-based measures that allow reasonable increases while preventing sudden destabilising hikes. They provide stability for tenants and clarity and certainty for landlords. <BR /> <BR />Rent controls alone will not work while we continue to hollow out our social housing stock. Since the house sales scheme began in 1979, over 122,000 Housing Executive homes have been sold. That is more than the number currently owned by the Northern Ireland Housing Executive; it has about 83,000 homes remaining. Replacement has never come close. At current build rates, it would take nearly 80 years just to replace what has already been lost, and that does not take into account increasing demand or anything like that.”
“With supply failing to keep pace, people are pushed into the private rented sector, which drives up demand and rents, particularly at the lower end of the market. Unsurprisingly, the loss of private rented accommodation remains one of the leading causes of homelessness. Tenant protections here lag behind other jurisdictions, although, I suppose, we saw limited progress through the Private Tenancies Act 2022. A landlord can now increase the rent only annually, but there is still no limit on the extent of the increase. No-fault evictions remain here, and further promised reforms have stalled. In that context, inaction is not neutral; it entrenches insecurity. That is why we believe that third-generation rent controls must form part of the response. They are not crude rent freezes.”
“It is no longer a fringe issue; it is hitting working families, older people and those on fixed incomes. <BR /> <BR />The scale of the problem is clear in the gap between local housing allowance (LHA) and the rents that are charged. By May 2024, almost 60,000 private renters in the North were paying that shortfall, yet LHA rates remain frozen. At the same time, discretionary housing payments designed to plug that gap have been stripped back. Eligibility has halved, awards have been capped, and £4·5 million — as it is put, the £4·5 million "easement" — is left unspent while households struggle. That does not seem like efficiency; it seems more like the quiet withdrawal of support. <BR /> <BR />Social housing waiting lists now sit at close to 50,000 households.”
“On behalf of the SDLP, I will propose a couple of measures to mitigate a housing crisis that has not just arrived overnight but is the inevitable result of political choices made in the Chamber. They allowed rises in rents to go unchecked and the stripping away of social housing stock to continue. Repeated warnings from not just the SDLP but the sector and even others in the Chamber were ignored. The consequences of those decisions are felt now by tens of thousands of families across all of our constituencies. Rents have surged, living costs have exploded, and wages have not kept pace. For too many households, rent now swallows an unsustainable share of income, forcing people to choose between housing and basics such as food, heat and childcare.”
“I thank the Member for giving way; I trust that his list of achievements is complete. Will the Member elaborate on the legislation that has been introduced on problem tenants?”
“My supplementary question relates to the original question on the neighbourhood model. That model sounds fantastic in theory and looks great on paper, but I refer to Mr McGuigan's point: are you convinced that the agencies on which you are dependent to deliver it are all on board? What funding has been identified or earmarked to roll it out?”
“Other Members have extolled the virtues and value of a multi-year Budget, and I do not dispute any of what has been said in that regard. How does the Minister envisage the mechanics or the dynamic of monitoring rounds in that scenario? Will Departments be able to or be more likely to hold what they have? Could there be a detrimental impact, therefore, on Departments such as DFI that have, traditionally, been so reliant on monitoring rounds for in-year top-ups?”
“Gabhaim buíochas leis an Aire as a ráiteas.”
“<BR /> <BR />Mary and Joe were shaped in and by difficult times. We have heard Members refer to the threats and attacks to which they were subjected, but neither of them allowed those times to harden them; instead, they chose hope over bitterness, dialogue over division and service over self. They helped to build the foundations on which others now stand, and they did so with integrity and humility. We extend our deepest sympathy to their loving families, their friends and all who had the privilege of working alongside them. Mary and Joe will be remembered not just for the esteemed offices that they held but for the values that they lived by. Ar dheis Dé go raibh a n-anam.”
“She had an unwavering commitment to equality and social justice that she carried with dignity and resolve, even in the most challenging circumstances. She was Derry and, as we have heard, Derry City Football Club to the core. However, she was not bitter or partisan even when it came to football: I recall on council her always championing Institute Football Club in our city and the need to provide it with adequate facilities. <BR /> <BR />Joe Byrne, in his way, reflected the same values. He believed deeply in community, decency and the power of local representation to improve lives. Joe's politics was shaped by his humanity and a belief that progress is measured not in rhetoric but in the difference that we can make to people's lives every day. He made a difference through education, the GAA and his role as an elected representative.”
“Today we pause to remember two giants who embodied not just the values of the SDLP but public service in its truest sense and whose passing leaves a deep sadness for our party, our communities and, first and foremost, the families of Mary Bradley and Joe Byrne. Mary and Joe served not for recognition or reward but because they believed profoundly in people, in fairness and in the responsibility that comes with representing others. They were political representatives of a generation that understood politics not as a performance but as a service rooted in listening, empathy and hard work carried out quietly and consistently. <BR /> <BR />Mary Bradley was a formidable advocate for our constituents. She brought strength, compassion and determination to everything that she did, never losing sight of the people behind the issues.”
“There is certainly some good news in the document. However, that does not mean that it is a good way of doing business, particularly given the allocation of so much capital so late in the financial year. We welcome the bid for social housing of almost £30 million being met. Can the Minister clarify — maybe it is for the Communities Minister — how many new units that will provide and how far we will fall short of the target?”
“Gabhaim buíochas leis an Aire as a ráiteas agus as ucht a fhreagraí go dtí seo.”
“The Minister and Members outlined the benefits that have derived from the introduction of temporary exemption certificates, but what consideration has the Minister given to consultation responses on the move to biennial MOT testing? What other evidence might be considered? Should we have more up-to-date evidence on vehicle condition as a causation factor in collisions?”
“I thank the Minister for the statement. It is welcome to hear some of the progress that has been outlined today on the new disability strategy. We look forward to hearing of similar progress on the other social inclusion strategies for which the Minister is responsible. <BR /> <BR />The statement refers to the potential reform of disability law. Will the Minister give us a flavour of what that might be, and how he intends to bring forward any such reforms? What time frame are we talking about? Is it realistic to expect that any such reform will be done in the remainder of this mandate?”
“I thank her for continuing to engage here today. All Members would be keen to get an update following that round-table discussion, as well as an update on how Ministers' commitment to support and engage can become a commitment to act. <BR /> <BR />The Ministers of Justice and Infrastructure need to work together and with others, and we all need to work quickly to pass the much-needed legislation. Behind every accident, there is a family waiting for that devastating knock on the door. Nobody wants to get that knock, but let us make sure that that knock, if it is coming, comes before the notification on Facebook or elsewhere. In the words of the families who know the pain better than any of us, "It is not your story to tell", but it is our duty to speak out and do something about it.”
“Caoimhe's law is not just about censorship. It is not even about censorship: it is about decency and preventing further cruelty. It is about giving families the space to grieve without intrusion and ensuring that no parent has to compete with a social media feed to tell their child that their sibling has died. <BR /> <BR />I wrote to the Infrastructure and Justice Ministers in the summer to ask that they implement Caoimhe's law. Minister Kimmins, whilst stating that the legislation would fall outside her policy remit, committed to supporting its introduction. In the South, the Department of Transport is bringing forward similar measures. Responding last month, Minister Long recognised the importance of the campaign and committed to engaging on the issue by agreeing to take part in a round-table discussion.”
“Ms Ferguson also rightly lauded the work that Life After has done primarily but not exclusively in our constituency. I can think of so many bereaved families who have channelled their enormous loss and insufferable grief into reducing not just the numbers of tragedies on our roads but the suffering of others. <BR /> <BR />Many of those tragedies have happened on roads that we know well, such as the A5, where far too many families have received life-altering news. One life lost on any road is one too many. Caoimhe's law is just one part of our duty of care. We owe it to bereaved families to work together to make our roads safer, progress long-awaited projects such as the A5, improve road safety and invest more in education and information rather than just more enforcement. That said, today we have a chance to do something meaningful.”
“Every day that we delay, we run the risk of another family going through what these families have endured. This is not something to be kicked into the long grass. The harm is happening now, and the protection is needed now. That is why we want to see the introduction of the protections before the end of the mandate. I welcome Mr Frew's suggestion that we explore what legislative vehicles are already in transit to which we may be able to tie this in a sensible and sensitive manner. <BR /> <BR />I pay tribute to those who have carried the campaign on their shoulders while dealing with their grief and trauma: the O'Donnells, the Bradleys, the O'Briens and so many others. I thank Road Victim Support Northern Ireland-Donegal for its relentless advocacy.”
“I am not judging all those who may have shared such content. Many of us will have done it. We will have been the first with the big news, even when it is really bad news. The campaign has worked already in some respects — at least, I hope that it has — by helping all of us to re-evaluate our response to incidents. As we have heard, Germany has taken decisive action on the issue, concluding that freedom of expression does not extend to capturing the final moments of someone's life for entertainment or intrusion. We owe it to our constituents to protect them from that violation of privacy and dignity. <BR /> <BR />Mr Blair correctly identified that this is not just about social media, and he commended campaigners for their work with media outlets to redraw responsible reporting guidelines.”
“In the age of Snapchat, WhatsApp groups, Instagram stories and TikTok, news travels faster than compassion and faster than the speed at which police can knock at a door. For what? It is so that a random stranger can have their morbid curiosity satiated for a moment or two. Meanwhile, it is the families who are left to pick up the pieces. They are not only traumatised by the tragic loss of their loved one but haunted by the invasion that follows and the disturbing images that no one wants to see.”
“Those are the real-life consequences of the absence of legislation. That is what happens when the law lags behind technology and the new norms that should not be normal anywhere.”
“<BR /> <BR />The campaign carries the name of a young woman loved by her family and her community: Caoimhe O'Brien. Her mother, Marie, has described racing against the internet to reach her son before the rumours and posts did. Her words are worth repeating:”
“<BR /> <BR />The testimonies from the families involved in the campaign have been nothing short of heartbreaking. They are the experiences of people whom we know — our constituents; our neighbours — and I commend and offer condolences to those courageous families, some of whom are in the Public Gallery. <BR /> <BR />Sixteen-year-old Lisa O'Donnell and her boyfriend were killed in a road traffic accident. Her mother did not hear that news from the police or a family member; it was broken on Facebook. As she stood in her kitchen, unpacking shopping, strangers online were already posting their condolences. <BR /> <BR />The Bradley family spoke of their brother's motorbike accident. Strangers filmed his final moments, his attempted resuscitation and even his passing, uploading that to Snapchat before his children had even been told.”
“Ms Dillon spoke earlier of her personal experience. Even now, two and a half decades later, I can recall every single detail of those hours in the immediate aftermath: the phone call from my daddy, who was driving, asking us to pray; the cries of my mother and my sisters; the hopelessness that we felt as we huddled in hope and in prayer; and then the second call to say that Deirdre was dead. What I cannot imagine is the added cruelty of having that horror filmed or shared by strangers, whether out of curiosity, for clicks or for social media likes. I cannot imagine my family learning of that tragedy from a post online or a message pinging into a public WhatsApp group, yet that is exactly what so many families here in the North have had to endure.”