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 understand and appreciate that there is a backlog in many areas. I would love to stand here and blame the new councils for all that, but I know that they inherited a lot of that backlog. Often, applications that take long to process do so because they are pretty complex, with requirements for input from a number of consultees. Generally, the more complex an application, the longer it takes. I know that, in the Member's constituency, for example, or in her new council area, there are an awful lot of PPS 21 applications, which are sometimes quite difficult to determine. If the planners had their way, they would not be that difficult to determine, but I know of many cases in her constituency where I have been trying to work with elected representatives from that area and with applicants to achieve positive outcomes for those applicants.”
“I have no doubt about the ability or commitment of the staff who moved over to councils. As I said, there have been some teething problems, but I believe that they are now bedding in well and working well.”
“Go raibh maith agat, a Cheann Comhairle. I thank the Member for that question. I have answered questions in the Chamber in the not-so-distant past about the very same subject. I am content that the model that was transferred is fit for purpose; however, it attracted some media attention, after I gave the answer, when I said that it could not be denied that some teething problems have been experienced — in some councils more than others, I might add. <BR /> <BR />I also have to say that, with the transfer of the planning function, I also transferred a budget, which I ring-fenced from cuts to my budget and subsequent reviews and budgets agreed by the Executive. Therefore, it is the one function that transferred to local government on a truly cost-neutral basis.”
“I thank the Member for his question, although I think he is, perhaps, misconstruing this. Yes, it could be extended to the North that everyone here could have the Union Jack included on their licence, but choice would not come into it. To set up a system whereby people could have a choice as to whether or not they had the flag on their licence would cost somewhere between £15 million and £17 million. The British Government will not be prepared to pay that, and we are certainly not able to pay for it. That is to introduce choice in Britain. They are not going to afford us the luxury of choice when the choice does not exist for the citizens of England, Scotland and Wales; much to the dissatisfaction of many people, particularly in Scotland and Wales.”
“I thank the Member for that question. You could not get much more topical than that: it was just on the news at lunchtime. <BR /> <BR />I can assure the Member, the House and, indeed, the public that the new scheme in Britain will not apply here. I have asked officials to ascertain the rationale behind the introduction of the scheme in Britain, and the doing away with the paper part of the licence, to see whether it is worth pursuing here. With regards to making the public aware that it is not happening here, I issued a press release just before coming into the Chamber today to ensure that there is no confusion and that people do not dispose of their paper counterparts inadvertently or prematurely.”
“I thank the Member for his question. I would say that 30% is possibly a conservative estimate for the number of tyres that end up we know not where. I am certainly happy to take the findings of that report into account in determining a way forward on the issue. It is one that just keeps going round and round. <BR /> <BR />My officials are working closely with their counterparts in the South. We are looking closely at the South's development of a producer responsibility scheme. NIEA officials sit on the working group that is drawing up that scheme, and I am very interested to see how it rolls out and what we can learn from it. Should it prove successful, and I have no reason to doubt that it will, it is something that I would be very keen to see established in the North, perhaps even on a UK-wide basis.”
“It is assessing opportunities to determine the source of the tyres and will take action where possible.”
“Burning tyres generates toxic fumes and by-products that can be extremely dangerous to humans and animals. I am content that lead responsibility for bonfire management rests with local councils. However, I am committed to working with and supporting the councils to reduce and ultimately eliminate the burning of tyres on bonfires. <BR /> <BR />The Northern Ireland Environment Agency will, of course, use its enforcement powers in support of councils where it can. Whilst the legal position in relation to bonfires is complex and the relevant powers are exercised by a number of public bodies, including NIEA and local councils, I want to ensure that the environment is protected. In this case, at Craigy Hill estate in Larne, NIEA is aware of the issue.”
“Until it does, there are opportunist criminals out there who will continue to exploit weaknesses in the system. There are still some weaknesses — I do not deny that — and criminals will continue to exploit them for their own profit and gain.”
“We certainly could do better, and I would love to stand here and say that we certainly will. We have done better in 2014-15 than we did in 2013-14, having secured 23 convictions for waste offending in the last financial year. In the same period, under the Proceeds of Crime Act 2002, ECU's financial investigations secured four confiscation orders to the value of over £500,000. This shows that the Proceeds of Crime Act clearly remains an effective tool and one that I would like to see the ECU and the agency use much more. That is how you hurt those criminals: you hit them in the pocket. <BR /> <BR />I have spoken to the Justice Minister, and we agree that there is a need for the judiciary to review the sentences available for waste criminals. In my opinion, the punishment does not fit the crime.”
“It has huge consequences for the economy and the Exchequer, and I am equally concerned about the consequences it has for our environment.”
“I thank the Member for that question. Indeed, fuel smuggling and fuel laundering are a source of some very serious environmental crime. It is a crime that, in particular, requires collaboration between the NIEA, the ECU and other agencies on both sides of the border. Up here, you have the HMRC, which is responsible for enforcement, in collaboration with the PSNI, the National Crime Agency and, indeed, the Environmental Protection Agency, the revenue commissioners and the Garda Síochána in the South. The seriousness of the issue is such that it was actually raised as an agenda item on the NSMC plenary meeting on Friday in Dublin. There is agreement on both sides of the border that there needs to be an escalation or intensification of how the issue is dealt with.”
“That is something that I have made known to my officials. <BR /> <BR />Our cooperation and collaboration with other agencies have certainly improved. What happened at Mobuoy demonstrated, very clearly, that there were huge failings there. They were highlighted in the Mills report into what had happened at Mobuoy. At that time, I said that an incident of that scale can never happen again, and I am confident that an incident of that scale will never happen again because we cannot afford for an incident of that scale to happen again.”
“I thank the Member for that question. I am not sure that I view it as such; I am not sure how anyone, if they had read the report in detail, and read any statements from me, subsequent to 21 January 2014, could view it as such. We have radically changed and, I would like to think, radically improved the way in which NIEA responds to environmental crime and the way in which we deal with environmental crime and persistent offenders. I do not think that it is job done, by any means; there are further improvements to make. As outlined in my previous answer, I think that we could do more about the prioritisation of incidents, cases and offenders. In my opinion, a bit of time is wasted going after small fry when there are much bigger fish out there. I would like to see more focus on them.”
“As I have said here before, it is not a victimless crime.”
“In particular, I underline its recommendation that guidelines be developed for levels of enforcement and the rationale for the prioritisation of investigations. That will allow NIEA’s finite resources to be directed towards tackling the most serious environmental offending. <BR /> <BR />In addition, my officials are examining how best to ensure that the recommended single environmental incident reporting mechanism can be advanced. I have supported, and will continue to champion, the need for a more straightforward system of public reporting. Put simply, the easier it is to let us know, the more likely it will be that people will tell us about environmental offending and allow us to take action. <BR /> <BR />It is clear that the impact of environmental crime on daily life here should not be underestimated.”
“As I said previously, its recommendations mirror my approach. It supports and underpins my and NIEA’s aims and strategy, and I welcome its suggestions. <BR /> <BR />To ensure that those recommendations are established as smoothly and as quickly as possible, I have approved the recent appointment of a new temporary head of the environmental crime unit — one who has extensive experience in the criminal justice sector. Given the importance with which I view the need to tackle environmental crime, I am committed to ensuring that that vital role is filled permanently as soon as possible. <BR /> <BR />In considering what the report advised in order to enhance the professional development of those tasked with tackling environmental crime, I publicly stated that CJI had put forward some excellent recommendations.”
“At the publication of the Criminal Justice Inspection report, I publicly welcomed it and thanked the CJI for its work. As I pointed out when the CJI review was published, it has recommended that the NIEA enhance its enforcement and regulation activity and develop a more rigorous approach to dealing with environmental crime offenders.”
“While there will be no significant financial implications, therefore, for the Department, council and Housing Executive contributions to the staff commission of around £1 million will no longer be required post 31 March 2017.”
“There are cost implications. Fortunately, I suppose, there are no cost implications for my Department. In this financial year, the staff commission will receive funding of approximately £710,000 from the Northern Ireland Housing Executive and the 11 councils. As I said, my Department does not provide any funding for the staff commission. Additionally, the commission administers funding of around £300,000 for the Local Government Training Group. That funding is used to provide sector-wide development programmes and courses from external providers. My Department does not provide any funding for the Local Government Training Group either.”
“<BR /> <BR />I still believe that the staff commission will be required for a number of years to help reform to bed in. There is precedent in other jurisdictions for using such a body to assist and advise councils during a period of reorganisation. That is why I propose to dissolve the staff commission on 31 March 2017, two years after the councils it was created to support were superseded. In 2014, my Executive colleagues agreed that the commission should be wound up in March 2017.”
“There is, therefore, a real danger of the duplication of work by the commission and the councils' HR departments. <BR /> <BR />One of the central objectives of the reform process is to strengthen local government and to allow local authorities to assume more powers, taking responsibility for the well-being and development of their district. Therefore, it seems counterintuitive not to expect the new councils to take full responsibility for the recruitment and management of their own workforce. I am confident that the other functions that the staff commission provides can be carried out on a non-statutory basis. This would have the advantage of each council being able to decide which activity they wished to continue to have carried out and by whom at their own initiative.”
“In July 2012, my Department initiated a review of the Local Government Staff Commission. Following consultation, I concluded that, although the commission had performed well in a necessary and challenging role for 40 years, other developments meant that a statutory body of that type was no longer required. <BR /> <BR />The staff commission's original role in ensuring and advising on fair employment has been overtaken by the development of other statutory provisions. Since other bodies carry out comprehensive scrutiny and monitoring, the commission's role in this area is no longer required. I am also conscious that, as we have moved from 26 to 11 councils, expertise and capacity will be consolidated in a smaller number of stronger organisations.”
“I thank the Member for that question. It is one that I have regularly asked myself and of myself. I am not entirely sure of the reasons for delay. However, I am aware of the impact of the delay. The SPPS is an essential component of the effective delivery of the reformed two-tier planning system that came into effect with the transfer of the planning function to councils on 1 April. Its provisions apply to the whole of Northern Ireland. They must be taken into account by councils in their development of local development plans, and they are material to all decisions on individual planning applications and appeals. It is, therefore, important that the SPPS, as I said, is published as soon as possible to provide clarity and certainty to councils and everyone impacted on by planning decisions.”
“I thank the Member for that question. The environmental impact statement (EIS) system is robust enough. I am, however, aware of many instances where objectors to an application or to an approval post a decision being made on an application will contend that an EIS process has not been robust enough. On occasion, those objectors will be right. However, in the vast majority of instances, I contend that the system is robust. I also point to the fact that many if not most developers, not just of wind energy but other development, will protest that the system is possibly too robust. That, to me, is usually a good indicator that we are doing something right.”
“It will also provide councils with a useful tool in the development of their new local development plans and provide some certainty to users of the planning system — not just planning professionals but, extremely importantly, investors who are considering making investment here and across the 11 council areas. Therefore, it is my desire — it is certainly my hope — that the SPPS will emerge from the Executive relatively unscathed and will be published before the end of this term.”
“I thank Ms Lo, the Chair of the Environment Committee, for that question. I assure the Member and the House that the final draft of the SPPS was completed in March, as I had aimed for it to be. I had hoped for it to be published in April, however; so that is a target that we missed. It was circulated in March to Executive colleagues. Since then, I have made every effort to bring it forward for Executive consideration. However, I am disappointed and concerned that that extremely important document has, thus far, failed to be tabled at an Executive meeting. <BR /> <BR />The publication of the SPPS will allow us to move on to the full strategic comprehensive review of PPS 18 and PPS 21, which some Members are keen to see reviewed as a matter of urgency.”
“It is often information from the public — information that has sometimes been missed by environmental bodies — that has caused the Department to look more closely and scrutinise even more some of the information submitted by developers with regard to applications. <BR /> <BR />The details of the application are advertised through a notice in the local newspapers circulating in the area to which the site relates. The notice will give information on how the public can purchase an environmental statement and how my Department has made it available for the public to view. Third parties generally are told that they have 28 days in which to respond to the consultation. However, any correspondence, problems or issues raised with the ES will be taken right up to the date of or even the minute before the determination of a planning application.”
“I thank the Member for that question. As I said in my original answer, not only does this go out to consultation prior to the submission of the environmental statement but, subsequent to the Department's deliberations on the environmental statement, it goes back out to consultation to environmental bodies and the general public.”
“Once received, this will also be subject to further consultation with environmental bodies and the public. <BR /> <BR />The ES remains a valid consideration until a final decision is made on a planning application. There may be instances during the processing of an application that will require information in the ES to be updated. However, it is extremely unlikely to be necessary to update an entire environmental statement. The information in an ES, the views of environmental bodies and the views of the public all constitute environmental information that my Department must take into account in reaching a final decision on a planning application.”
“While they are determined on a case-by-case basis, the majority of planning applications for wind farm developments will be accompanied by an environmental statement (ES). The environmental statement is provided by the planning applicant and is required to include information on the main effects that a development is likely to have on the environment and any measures that are required to avoid, reduce and, if possible, remedy significant adverse effects that the development may have on the environment. <BR /> <BR />In assessing an ES, my Department will consult a range of environmental bodies and the public. Given the detailed nature of an environmental statement, the consultation period can take a number of months and the consultation process can give rise to the need for further environmental information to be requested.”
“Previously in the Chamber, we have discussed the cost to the councils of street cleaning, back-lane cleaning and so forth as a direct consequence of people dropping litter. This is money that could be much better spent by councils on positive things such as play facilities and items that our communities are crying out for.”
“I thank the Member for his question. I join him in praising the vision of those who established the country park and those who maintain it. Litter is very much a matter of personal responsibility, and while the vast majority of visitors to Roe Valley Country Park or any of the NIEA-managed properties are responsible with their litter, either binning it or taking it home to recycle it, there are, unfortunately, some who are less responsible and who are happy enough to drop their litter wherever they may be. In turn, that demands that litter patrols have to be carried out by staff on a daily basis. <BR /> <BR />I urge all visitors to NIEA sites, or wherever they may be, to be responsible with their waste and not to drop it as litter during their visit.”
“Go raibh maith agat, a Cheann Comhairle. I thank the Member for the question. I had been aware of issues around the paths and of ongoing work on the paths around the country park. In my answer to Mr Robinson's supplementary question, I mentioned the importance of maximising accessibility to the park, and that is why I take the issue of the disabled angling stand very seriously. I want to ensure that it is repaired as a matter of urgency. That was the first time that I had been made aware of that, but I will make sure that the team gets on it right away.”
“However, littering, to which the Member's original question referred, is very much the responsibility of individuals visiting the park. The more people we have visiting the park, the more litter is dropped, and the more litter is dropped, the fewer people we are likely to attract to the park. So, it is imperative that the team on the ground there keeps on top of the litter situation, and I believe that they do their best to do that.”
“Go raibh maith agat, a Cheann Comhairle. I thank Mr Robinson for the question. It is imperative that we as a Department and the agency with responsibility for the park do everything within our power to maximise the number of people who can access it. Many want to access what is, undoubtedly, a very good tourist attraction that does a lot to bring tourists to the Member's constituency. It also provides a great area for recreation for people who live there. <BR /> <BR />As I said, staff are committed to carrying out daily site inspections, after or during which defects such as those mentioned by the Member are pointed out to site management. Where budgets allow, defects are addressed as quickly as possible. Fallen trees are obviously — well, hopefully — beyond the control of individuals.”
“<BR /> <BR />I assure you that the local staff who manage Roe Valley Country Park staff take great pride in its management and will continue to manage it to the best of their abilities. That has been demonstrated through the three-star Tourism NI visitor attraction grade that the park achieved this year and the award of a TripAdvisor certificate of excellence.”
“I have been advised that NIEA staff conduct daily patrols along the Roe Valley Country Park path network, during which litter collections are also undertaken. During those patrols, staff also monitor and record any site defects or damage. If a defect such as a fallen tree partially blocking a pathway or damage such as a broken fence is found, that is reported to park management to ensure that it can be addressed as soon as possible, to the extent that budgets allow. <BR /> <BR />The daily inspection process ensures that the site is continually monitored to ensure that high standards are maintained, as budgets allow. I have also been advised by officials that, as part of the ongoing site management, duties such as leaf blowing and grass cutting are undertaken as required in accordance with seasonal requirements.”
“I thank the Member for that question. Unfortunately, I am not in a position to ensure that arrests are made. That might be a question better placed with one of my ministerial colleagues. However, the fact that there have been so many questions on fuel laundering underlines its importance. It is an issue that I will raise on Friday at the NSMC plenary session in Dublin.”
“There have indeed been some concerns raised about one of the companies involved in carrying out research in that project. I have to say, however, that they are not concerns that I share.”
“Unfortunately, to date, we have not been great, collectively, at finding that evidence and getting prosecutions. As well as work being done by the NIEA, the transport regulation unit in my Department continues to focus on taking action in cases involving hauliers who used illegal fuel or transported illegal waste.”
“<BR /> <BR />The point that Mr Campbell makes about these fuel launderers leaving out their rubbish in the way that you or I might leave out our milk bottles for the milkman to collect is a good one, and it is why my officers are working with their colleagues in HMRC and the PSNI to find these fuel laundering sites, clean up the waste left behind and, most importantly, ascertain where it has come from. The Environment Agency is helping to deter, disrupt and prosecute offenders where sufficient evidence can be found.”
“I thank the Member for his question. I, too, hope that we are not here for a marathon session. However, having had a brief look over the Justice Bill, I would not be surprised if we all are. It might be more painful than the marathon I completed on Sunday. <BR /> <BR />Fuel laundering is a huge issue. It causes not only great damage to our environment but to our economy, and it costs an awful lot of money to clean up. Over the past three years alone, my Department has spent over £900,000 cleaning up after fuel launderers and, while DOE and NIEA are not responsible for enforcement or legislating — the enforcement body is HMRC, along with the PSNI — we are charged with cleaning up after these criminals.”
“I thank the Member for his question. It is important that we keep the work programme under almost constant review. DOE is considering, for example, extended scope for discussions and joint working in current NSMC work programme activities on important topics such as habitat and species protection, biodiversity and climate change. DRD, as I indicated in my statement, has also advised that opportunities do and will exist for collaboration in the area of water and sewerage services.”
“A range of options is currently being looked at by the Department and the Northern Ireland Environment Agency, with the help of external experts, to manage the waste on the site in a way that will represent least risk to the environment and best value for the taxpayer.”
“I thank the Member for his question. There was an earlier question on waste that had been illegally disposed. The Member's question refers to a well-publicised site in our constituency. I am firmly of the opinion that the polluter should pay. Unfortunately, to date, the polluter has not paid. The taxpayer has paid, through my Department. Indeed, to date, in the region of £1 million has been spent on managing the waste deposited at that site. An eye-watering figure of over £50 million for the total clean-up was put out there, most notably in the Mills report, although that would involve removing all the waste from the site.”
“I thank the Member for the question. As I said, that was the subject of a debate here a few months ago during which many Members raised the issue of fuel poverty. The interim report, as well as being placed in the Assembly Library, has been shared with relevant stakeholders, including people working on fuel poverty and some representatives of the industry. <BR /> <BR />I share the Member's fears about the potential impact of a ban on certain household fuels; however, it is imperative that we see what the next phase of the study brings and that, should any change be required, it is managed in a sensitive and sensible manner.”
“That again underlines the importance of working with companies and with other jurisdictions in order to maximise the funding that we can draw down from other sources; notably, in this instance, Europe.”
“Unfortunately, we do not have too many of those here — some might say that we do not have enough. In addition, here in the North, we have a limited number of companies that engage in R&D. There were only 535 here last year. For the majority of the other funding programmes, drawdown has to be match-funded, so a project proposer must be able to provide a percentage contribution — up to 45% — from its own resources. <BR /> <BR />On the positive side, my Department is funding the Northern Ireland contact point for Societal Challenge 5 in the Horizon 2020 programme, which includes climate action; environment; resource efficiency; and raw materials. My Department has also provided limited support to a small number of projects, but, given the current financial situation, I am unable to commit to any new funding.”
“I thank the Member for that question. There is, indeed, a good degree of collaboration between North and South in the drawdown of European funding. There is a variety of reasons why there has been a lower overall drawdown of competitive EU funding here than in the South. That is why it is important that we work with them and learn from them. <BR /> <BR />First, as a member state, Ireland has direct access to more opportunities for engagement in Europe, and, while much of that is now offset by European task force structures, formally the Barroso task force, differences remain. I referred to the largest funding source, Horizon 2020, which totals about £80 billion across the EU. Some 70% of drawdown is by higher education or university establishments.”