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…”
The complete record
Every one of 3,938 lines we hold for Mark Durkan, in date order, each linked to its source. Free to read, in full, without an account. Page 65 of 79.
“My advice to the lady in question would be that she contact her local council at the outset. As a constituency MLA, I have often encouraged, and even on occasion facilitated, mediation between neighbours to carry out that kind of necessary work informally.”
“I thank the Member for his question. Obviously, his interpretation of a high hedge might be different from mine.”
“I do not know whether that was perhaps due to potential shortcomings in the legislation or, indeed, the fee, or, possibly, a combination of both.”
“I thank the Member for that question. I can assure her that the review will be all-encompassing and comprehensive and will include issues such as the fee and, indeed, whether that fee or any new fee should be means-tested. I am grateful to hear from the Member that it is her view that the fee is a deterrent, because it is evident to me from looking at statistics around the Act that there is at least one deterrent. My Department did liaise with councils during 2013 and acquired initial figures that indicated that around 800 queries about high hedges had been received, but only 8% of those actually materialised into formal complaints. Of that 8%, only 67% resulted in the issue of a remediation notice.”
“The High Hedges Act (Northern Ireland) 2011 came into operation in March 2012 and, whilst the legislation was introduced by my Department, responsibility for its implementation rests with councils. As my Department does not have a role in the regulation of hedge cutting or in resolving related disputes between neighbours, I am unable to comment on the effectiveness of the legislation at this stage. However, I intend to undertake a review of the High Hedges Act once sufficient time has been given to allow its full implementation within the new council structures. I anticipate that public usage of the legislation and its effectiveness at helping to resolve neighbour disputes will be an integral part of that future review.”
“I thank Mr Cree for that supplementary question. As outlined in previous answers, we do not know yet. It is hoped that we should know, by the end of June, how much will be realised. At that stage, we will also have a better grasp of when these savings will be realised at different stages throughout the year. At that stage, I will be looking again at how to disseminate that money, and we will, hopefully, in turn, be able to provide a bit more certainty to the likes of the NGOs to which Ms Lo referred and those in other sections of the Department about their budgets for the remainder of this year.”
“I thank the Member for that question. I believe that lessons can be learned and, indeed, were learned from the voluntary exit scheme that was run to deal with the Driver and Vehicle Agency situation in Coleraine last year. In fact, it was almost used by the then Minister of Finance and Personnel as a model for this wider VES scheme. One point I have raised with Executive colleagues is that we should look at the VES scheme as an opportunity to rebalance the distribution of Civil Service posts across the North and that it should not be seen as an opportunity or as an excuse to further centralise functions.”
“Unfortunately, at this stage, I cannot put my finger on how that will translate into monetary terms. As I have said, those staff are from across all grades in the Department. <BR /> <BR />As to my expectations, the initial figure that I had given was 500 staff, which was then revised to 400, so it is somewhere in between. Clearly, I do not want anyone to lose their post. I outlined in my previous answer to Ms Lo the need to manage these exits in such a way that service remains as was, although perhaps some, including Lord Morrow, would like to see service improved in certain areas in the Department. If money is realised, I will look at where it should be allocated. However, we do not know whether these 400-odd people will leave, whether their bids will be accepted, or whether they will accept the offer made to them.”
“They are an outworking of the Stormont House Agreement, and we have yet to see that implemented and see how it works out. However, while there are other pressures on my Department — the Member previously raised that of road safety, the budget for which I have had to halve this year as a result of the Budget settlement — I am keen to redirect some money to the sector, should money be saved. There is also the rates support grant, which goes to less well-off councils, which have been disproportionately adversely impacted on by this Budget. I would like to reinstate that, not to mention the listed building grant, which has been completely decimated. There are a lot of areas that we have to spend money on and, unfortunately, not a lot of money to spend on them.”
“I thank the Chairperson of the Environment Committee for her question, but I reject the assertion that I have not given assurances to the Committee of my commitment to the NGO sector. A question is tabled later this afternoon on that precise topic. I recognise fully the value of the work of the NGO sector and have given it assurances of that recognition. I have pledged to work with that sector throughout this year. I recognise and share some of its concerns about what the future may hold in a new Department; that is why it is vital that we work with the sector this year to establish environmental priorities. <BR /> <BR />The Chairperson is quite correct that I cannot at this stage say what money realised through early exits will be spent on, as we do not know what, if any, money will be realised through these exits.”
“<BR /> <BR />My officials will use the three-month-notice time frame of each exit tranche to assess the impact of losing such experienced staff and to consider how best to manage the reduction and compensate for any loss of experience and knowledge. We must maximise and develop the skills of those staff remaining and provide succession training and development opportunities to minimise the adverse impact of losing experienced staff with such expertise. The purpose of the voluntary exit scheme is to make reductions to staff costs. There is a need for all the business areas of my Department, and of all Departments, to evaluate their work programmes and to determine the priorities and resourcing required.”
“I thank the Member for the question. I have said from the outset that there will be no compulsory redundancies from my Department. I reiterate that here today and give that assurance to the Member, the House and the staff of the Department. <BR /> <BR />As to how we retain the necessary expertise in the Department, I have concerns about the impact that the scheme will have, with significant numbers of staff leaving all Departments in a short time. Although we will potentially have to stop doing some things in order to live within the reduced budget, or certainly change the way in which some services are provided, it is essential that the staff remaining in the Department be given the necessary skills and knowledge to continue to provide the required services.”
“<BR /> <BR />Owing to the voluntary nature of the scheme, my Department will not know the exact numbers leaving until staff are selected and have accepted the exit terms. Applicants will be advised on 26 May whether they have been selected or not, and those leaving in the first exit tranche on 30 September 2015 will be confirmed. Compensation quotes will be made available on 16 June to staff leaving in the first tranche, and staff will have until 30 June to confirm their acceptance. <BR /> <BR />Staff leaving in the later exit tranches during 2015-16 will receive the same three months' notice.”
“The Northern Ireland Civil Service (NICS) voluntary exit scheme (VES) agreed by the Northern Ireland Executive was launched on 2 March 2015. Applications to the scheme were invited from all eligible staff across the NICS. Applications closed on 27 March, and 459 staff from my Department, across all grades and disciplines, expressed an interest in the scheme. <BR /> <BR />The scheme will operate in the 2015-16 financial year only. Staff who are selected will be released in tranches commencing on 30 September 2015, with further exits on 30 November 2015, 29 January 2016 and 31 March 2016. The numbers released under the scheme will be constrained by the budget available to fund compensation payments and the need to manage the exercise in a way that will maintain essential business continuity across Departments.”
“I can certainly give the Member that assurance. I can perhaps give him a further assurance in that I put that issue on the agenda due to concerns raised to me by Northern wedding car operators who are encountering great difficulty in carrying out their operations in the South. I have a commitment from Minister Donohoe that he will work on that.”
“<BR /> <BR />The other issue that Mr Byrne raised has arisen in a number of constituencies over a number of years. I know that action was taken by my predecessor, Alex Attwood, around the issue of cabotage so that Southern operators are now required to register vehicles in the North and establish a registered office here if they are to pick up and drop off in the North.”
“I thank the Member for those questions; I might answer the first one. The initial work programme for transport was agreed at the inaugural plenary meeting in 1999 and included strategic transport planning and experience of road and rail safety programmes. Those themes remain extremely relevant, and it is generally agreed that the transport sector works well and is progressive in identifying and bringing forward mutually beneficial work. I think particularly of the good work already progressing on a range of road safety issues. Although the council has acknowledged the challenge in developing further areas of mutual benefit in the sector, Ministers Kennedy, Donohoe and I are happy to consider opportunities to identify further themes and give fresh focus to the good work that has already been progressed.”
“I thank Mrs Overend for that question. I am content, as is my counterpart, that the work being done on that is extremely good and has been extremely thorough. As yet, no gaps have been identified in that important work. However, should any gaps be identified and should any Members be able to bring them to my attention, I will be happy to hear from them and address those gaps.”
“Although we are bringing forward measures to further tackle drink-driving through our Road Traffic (Amendment) Bill, it does not yet contain anything to tackle drug-driving. However, it is an issue that I or whoever should succeed me as Minister with responsibility for road safety should certainly look at. Hopefully, at that stage, we will be able to look at what happens in the South as its legislation passes and is enforced and embedded, and we can learn from that.”
“I thank the Member for that question. As outlined in my statement, in Ireland's Road Traffic Bill, there is and has been progress in dealing with the serious issue of driving under the influence of drugs. At the NSMC meeting, I praised the Minister from the Republic for the work that he has done on drugs. I had to further qualify that and say that I meant the work that he has done in tackling driving on drugs.”
“Instead, my officials are now working with in-house economists to determine appropriate data and data-gathering requirements. That will include consideration of how we should engage with industry sectors or individual businesses to quantify impact on the economy and individual businesses. <BR /> <BR />In parallel with the work of the economists, my officials are monitoring HGV levy compliance levels. The most recent data from DVA indicates that compliance is around 50%. As levels of compliance increase, that may assist us further in identifying if there are particular economic pressures and, hence, where that economic impact is most likely to be found.”
“Go raibh maith agat, a Cheann Comhairle. I thank Mr McElduff for that question on an issue that I know he has done a lot of work on. <BR /> <BR />When the HGV levy was debated in the Assembly, I indicated that the Department for Transport had given its commitment that it would consider taking mitigating action if there was evidence that the levy was causing an adverse economic impact on the island. I, in turn, made a commitment that my Department would monitor the situation and revert to DfT should evidence of such impact be found. Initially, I had hoped that we could work with DETI, utilising its ongoing research into economic pressures on businesses. However, DETI's research is unlikely to be an appropriate mechanism as it is not working to a sufficient granularity to identify the specific costs of the levy.”
“It is expected that there will be a further update in November at the next meeting of the NSMC. The investigations, although they take up a bit of time, are essential to ensure that the scheme operates effectively across jurisdictions, given our separate and, in some instances, different driver licensing and criminal justice processes.”
“However, this is complex and groundbreaking work. I am not aware of similar arrangements anywhere else in Europe. Good progress has been made by both joint steering and working groups in advancing the work on a number of the key issues identified, in particular on issues connected to equality of treatment. Officials in both jurisdictions working together have assessed that the issues, although complex, can be overcome in ways that minimise the risk of legal challenge. We are now commissioning further legal advice on those issues. <BR /> <BR />Issues remain with the processing of cases through the courts. Both jurisdictions are currently identifying suitable test cases to monitor through the respective court systems. That will allow us to identify ways of resolving those very issues.”
“Go raibh maith agat, a Cheann Comhairle. I thank Ms Lo, the Chairperson of the Environment Committee, for that question. I share her frustration, as, I am sure, do others, at the apparent lack of progress on this very important measure, which will save lives.”
“<BR /> <BR />We welcomed the continuing cooperation to support compliant goods haulage and passenger transport providers and target those engaged in illegal activity. We also welcomed the continued exchange between enforcement officers on the use of new technology to enforce tachograph and drivers’ hours regulations. A note was made of the introduction in Ireland of a new speed limit sign for minor local roads and the publication of updated speed limit guidelines. <BR /> <BR />Finally, the Council noted the continuing engagement by officials on cross-border taxi and wedding car operations.”
“<BR /> <BR />The Council welcomed the continued sharing of knowledge and experience between officials from both jurisdictions on the delivery of road safety measures. The Council noted progress on the development of Ireland’s Road Traffic Bill 2015, which will include measures to address drug-driving and proposals to make a number of amendments to legislation regarding penalty points, written-off vehicles and mutual recognition of driver disqualifications between Ireland and the UK. Progress on our own Road Traffic (Amendment) Bill, which will include provisions to tackle drink-driving, to reform the learner and restricted driver regime and to introduce graduated driver licensing and the mandatory wearing of helmets on quads on public roads, was also noted.”
“<BR /> <BR />In our discussion on the review of work programmes for the transport sector, we noted the good work that is already progressing in the sector and agreed that an update will be provided to a future meeting. The Council noted the good progress made by the joint steering and working groups on issues identified with progressing the mutual recognition of penalty points, some of which are complex and difficult to resolve. We noted that the working group will seek legal advice on issues related to equality of treatment, with a view to providing an update on those issues for the November 2015 NSMC meeting. Both jurisdictions will continue to carry forward work on the handling of summonses by the courts, with a view to providing a report to the November 2015 NSMC meeting.”
“Go raibh maith agat, a Cheann Comhairle. In compliance with section 52 of the Northern Ireland Act 1998, I wish to make the following statement on the eighteenth meeting of the North/South Ministerial Council (NSMC) in the transport sector, which was held in Armagh on Wednesday 22 April 2015. <BR /> <BR />I attended the meeting along with the Regional Development Minister, Danny Kennedy, and Minister Paschal Donohoe TD, the Minister for Transport, Tourism and Sport. I chaired the meeting. I will address the agenda items for which my Department has responsibility: mutual recognition of penalty points and road user and vehicle safety; and the review of the North/South work programme as it pertains to the transport sector.”
“Without doubt, there will be a lot of hand-holding to be done, but it is important that that does not become handcuffing and that we are not too restrictive on the new councils and their ability to make their own decisions.”
“I am unaware of any inefficiency that has existed within the system, over the past couple of years anyway. I think it is important that we all realise that we are not talking about a brand new function. While it will be new for councillors to be decision takers and decision makers, the council staff who are there now and who will be bringing recommendations to councillors are the same staff who have been bringing recommendations to councils under the guise of DOE Planning Service. We have transferred over 400 highly competent and highly qualified staff to the 11 new councils. The Department, of course, retains overarching responsibility for planning policy.”
“Different councils have spent that money differently. However, from speaking to councillors from across the North, I know that many of them are happy with the training that they have received. Obviously, no training is as good as learning on the job, so I have no doubt that a lot of learning is to be done and that a lot will be done.”
“I thank the Member for that question. I have every confidence that the new super-councils will embrace their new powers, particularly the planning function, and use them to deliver for the citizens in their respective council districts and areas. I know and have spoken in the House before of a certain nervousness that existed, not just among councillors but maybe across other sectors, about the capacity of new super-councillors and super-councils corporate to deal with planning issues and, I suppose, the controversy and contention that follows many of these planning issues. <BR /> <BR />I am confident that the capacity-building programme secured by my predecessor through funding he received from the Executive has been very successful. I know that it has built councillors' confidence as well as <BR />competence.”
“I was, in fact, considering front-loading the money that I was going to set aside to run the challenge fund later in the year to now and then wait for money to become freed up through the voluntary exit scheme and use that for the challenge fund, but I am going to resist doing that. However, I spoke about the piece of work we are doing currently to see what projects we will continue funding and the rate at which we will continue funding them. Again, depending on how that exercise goes, there is a possibility that I may have to dip into the challenge fund. I am reluctant to do so, but it may become a necessary evil.”
“It is projected that we will have in the region of a further £500,000, or possibly £550,000, from the carrier bag levy. However, at this stage it is my intention to use that as a challenge fund to make available to community groups, schools and other organisations to run their own, I suppose, low-level environmental projects. While they are low level, they can and do have a huge impact. <BR /> <BR />The money has been generated through the carrier bag levy, and it states in legislation that money generated through that levy must be spent on community-based projects, which restricts very much how we can look at reallocating it across the NGOs. <BR /> <BR />I understand the point the Member is making.”
“I mentioned environmental priorities. We will also look at how much match funding our funding actually enables some of the organisations to draw down — and some of them are excellent at it — as well as, I suppose, the value for money and volunteer activity that some of them can generate as well. It will not be an easy task but, as I said, it is one that we have not got a lot of time to do.”
“I thank the Member for that question. I can guarantee the Member that that money will be spent in a way that maximises the protection and promotion of our environment. I cannot guarantee that it will go to or be split on a pro rata basis among all the environmental NGOs that have been funded to date. <BR /> <BR />I believe that a piece of work is required and is already under way with the sector itself, the NGOs affected and others, like independent environmental experts, for us to prioritise where that money should be spent. I can assure the Member that this will not be an arduous process. Time is of the essence here. It is vital that we get the certainty to these organisations that they and their employees need. <BR /> <BR />We will look very carefully through this process at how the money is awarded.”
“I did say that the concerns raised are very real ones, centring on the impact on habitat. That is coming from Europe as well. We have to maintain standards in certain habitats, of which the lough is one. Therefore, the threat of infraction proceedings from Europe is very real and is one that we, as a region, cannot afford to be in any way blasé about, because if a huge fine comes along with that infraction, we will know all about it. <BR /> <BR />It is my understanding that those involved in the sand extraction business are working collectively to bring forward a planning application and an environmental impact statement to, I suppose, regularise the work that has been regular to them for almost a century. That is something that we have encouraged them to do, and I have subsequently encouraged them to do it a bit more quickly.”
“<BR /> <BR />I am also aware of, and have received correspondence from those involved in the industry about, their dependence on it, their many employees and their families' dependence on it and the fact that they have been doing it for so long. If they have been doing it for so long, just how harmful can it be? It is a very difficult issue of balancing environmental and economic concerns. However, given the very real threat of infraction proceedings from Europe, we have to ensure that we do everything correctly and that the environment is protected.”
“I thank the Member for that question. I initially became aware of the issue on Lough Neagh as recently as last summer — maybe at the start of last summer — and I have had regular, and incessant, correspondence on it ever since. The practice or industry of sand dredging, as it is known, has been going on in the lough as far back as the 1930s at least, and possibly beyond. As I said, no one had raised any issue with it or objection to it until very recently. However, given the serious nature of the objections, they have not been taken lightly by any means. DOE has issued an enforcement warning letter to many — if not all — of those involved in the practice of sand dredging, and it continues to monitor the situation.”
“Fallen animals dumped on private land, however, do become the responsibility of the landowner. Local councils can serve a notice on the landowner to dispose of a carcass if it is a public health nuisance. Riparian owners on either riverbank are legally responsible for the river up to its central line. In the past, some local councils have removed fallen animals from private land; I know that Derry City Council has been good at doing so in the past. However, local councils have no legal remit to undertake that function and would seek indemnity from the landowner when they have to.”
“I certainly echo the Member's sentiments around this act: it should be condemned. Neither NIEA nor DOE has a role in the removal of fallen animals, but a number of other bodies do have responsibility. Local councils will or, certainly, should lift and dispose of fallen animals dumped on council-owned land, roadsides, car parks or lay-bys and between the high and low watermarks on beaches. In adopted watercourses, the Rivers Agency may remove fallen animals if river flows are impeded. Where flow is not impeded and the fallen animal is a public health issue, which, as the Member outlined, they tend to be on occasion, it is a local council responsibility to ensure that appropriate action is taken.”
“I am not saying that low impact is no impact, but fortunately, due to the swift reporting of the incident and the swift reaction to that report, a more major incident was avoided. Contrary, however, to the report in the 'Ulster Herald', DOE and the Northern Ireland Environment Agency do not have a role in maintaining rivers, other than in securing improvements in water quality. NIEA will investigate water pollution reports and encourages the public to do so in a timely manner on our confidential pollution hotline. I would give you the number, but it would not be confidential then.”
“I thank the Member for that question. This report will cause huge concern for the public around the issues that the Member has identified, as well as for me and my departmental officials. The incident to which the Member refers was first reported to the Northern Ireland Environment Agency (NIEA) on 8 April, and a local inspector investigated immediately. The inspector informed Northern Ireland Water about the problem, and it then carried out work to remove the sewer blockage that had caused the sewage overflow and had led to it going into the watercourse. <BR /> <BR />It is understood that there were difficulties in gaining access to the site. NIEA classified this as a low-severity incident, with localised impact on the River Strule.”
“Work is ongoing with the councils to decide the best way forward. Waste is a massive issue, and it is only now with the spiralling cost of managing our waste that it is getting the attention that it deserves and requires, not just across the councils but in this Chamber as well.”
“Arc21 is one of three waste management groups across the North. It is comprised, as each of them are, of a number of councils. It will be very much up to the councils what role is played by the waste management groups. <BR /> <BR />I have gone on record before saying that we should consider a move towards a single waste authority for all of the North rather than the three groups comprising the various councils. I think that for many reasons, not least because a lot of the proposals that have been brought forward — I am not singling out any particular one — have been fuelled as much by competition as anything else. As I said, it is up to the councils to decide how to proceed, but I meet councils regularly, and the regional waste management board has strong opinions on this — not always wrong opinions but always strong opinions.”
“I do not know whether that money would become available to another major infrastructure project that might come forward under the umbrella of another Department, but I would be keen to explore that.”
“I thank the Member for that supplementary question. The allocation of the financial transactions capital is to the DOE. The FTC fund is a Treasury loan to support the delivery of major infrastructure projects, and it is being administered — just administered — on the Treasury's behalf by DFP. As I indicated in an earlier answer, any loan must be repaid at commercial rates. <BR /> <BR />As we now know, DFP has assigned that £50·5 million from the fund to the DOE budget to assist the delivery of the Arc21 project in the event of the waste management group submitting a satisfactory business case and reaching financial close. However, in the event of that not happening and a failure to identify a similar major infrastructure project in that Department, it is my understating that that money could well go back to the Treasury.”
“With that in mind, I raised objections to the fact that that money was being put into the capital budget of the Department that would ultimately be responsible for making the decisions on the planning and permit applications. However, we still have it. If the approval is not granted, that money could become available to other projects. If not, it will be taken back but at no loss to my Department or any other.”
“I thank the Member for that question. I was delighted when I heard that I was getting a bonus £50 million inserted into my budget by the Finance Minister. That was £50 million that I never asked for. However, I then discovered what the £50 million was for. To be precise, It is £50·5 million of financial transactions capital money from the Treasury, which has sought to identify privately financed projects that the Government can finance and then have the money repaid at a commercial rate. It is the Treasury's view that the Arc21 project could be one such project; however, it cannot be one in the absence of planning permission or a successful application for an operating permit.”