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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“Given my stated reluctance to elaborate on my earlier points, I cannot, unfortunately, agree with Mrs Cameron at this stage as she has requested. The number of objections to this proposal is, I think, unprecedented, certainly during my tenure as Minister. However, the number of objections to a planning application is not and never can be a determining factor when assessing an application. I have, however, given a pledge to consider all material considerations raised by the objectors. I think that is very important. The reference by the Member to what she perceives to be inadequate infrastructure has been made in many of the 3,000-odd objections. That will receive close scrutiny from Transport NI, which is the relevant consultee on such issues.”
“<BR /> <BR />The operating permit application is also currently being considered by the Department, and all statutory consultee responses have now been submitted. It would be remiss of me to make any further comment until officials conclude their deliberations.”
“<BR /> <BR />I am aware of the very high level of objections to the proposal. There have been 3,258 letters of objection to date, the main issues raised being visual impact, traffic impact, health implications, odour, noise, house values, proximity to residential areas, economics, tourism impact, environmental impact and the adequacy of the environmental statement. No letters of support have been received to date. <BR /> <BR />This regionally significant planning application is still under consideration, and my officials are currently in the process of making a recommendation to me through a comprehensive development management report. I will fully consider all relevant material considerations, including the views of local objectors, before making a final decision.”
“The Arc21 planning application for the development of a residual waste treatment facility at Hightown quarry, Mallusk was submitted to the Department on 27 March 2014. The application was accompanied by a voluntary environmental statement. Consultations were carried out with a wide range of statutory bodies, including NIEA, Antrim Borough Council's environmental health department, Transport NI and the Public Health Agency. Following receipt of comments from consultees, a request for further environmental information was issued to the agent last July. The further information was submitted in September 2014 and was advertised in the local press. It included further information from NIEA, environmental health and Transport NI. Consultations were issued to the relevant consultees and all responses have now been received.”
“That is why it is important to look at the Republic of Ireland, with which we share a very similar economy, given, for example, our dependence on agriculture. We have to work closely with them and look at their incoming climate change legislation when shaping ours. It is vital that we as a Department do not do that in isolation, and the input from those sectors to which I referred earlier is and will be vital. The ball has started rolling; it is important that momentum is sustained and that I keep my shoulder to it.”
“I thank the Member for that question. I referred to the fact that the clock was ticking in my office, or on my time in it anyway, and that, therefore, work is already well under way. Given the groundwork that is necessary to proceed with legislation, over the past 18 months to two years, I have been involved, as have my officials, in extensive and intensive discussions with representatives from a number of sectors, including from agriculture, industry, the environmental NGO sector, and with officials from other jurisdictions about how we could and should best progress any climate change legislation. <BR /> <BR />The challenges facing us in the North, while not unique, certainly differ from those in other UK jurisdictions.”
“Many of them do, and they are working together in their new councils to formulate waste policies that not only prove to be good value to the ratepayer but that help us, as NI plc, to meet European targets. If you look at the estate of councils, such as the number of public buildings that they have and vehicles that they own, you will see that all councils will already be looking, as purely a cost-saving exercise, at how they can reduce energy use. I also very much think that, if any of the councils have potential new builds, we should put pressure on them to make them carbon-neutral buildings. I do not know whether I can do that legislatively or through regulation.”
“I thank Mr Boylan for that question. The restructuring of local government was about not just reducing the number of councils but increasing its powers and responsibilities. One of those new powers, which has been spoken of a lot with perhaps not a lot of understanding or maybe even realisation of its potential, is community planning. I think that it is a very important vehicle through which councils can take a real hands-on approach to improving the economy, the environment, and their own area's social health and well-being. I put environment in the middle there, but I think it is very much a central plank of what new councils could and should be doing. <BR /> <BR />Regarding the powers that have transferred to allow them to do that, councils clearly have in their own gift the ability to have their own waste policies.”
“Lafarge will examine options to reduce emissions from transport, including in its haulage supply chain and staff. There will also be improved public access to the key European geological features that are found in the Ballysudden area of special scientific interest (ASSI), which is in the Cookstown quarry. It is also worth noting that Lafarge has undertaken to work with key stakeholders to develop a renewable energy strategy and to examine further options to reduce packaging. I think that those are very responsible actions that that company is taking. However, it is not taking them sheerly for the environmental benefit; it can clearly see, as these prosperity agreements highlight, that there can be win-wins and that what is good for economics can also be good for the environment.”
“That is the equivalent of taking 6,500 cars off the road. That is how big an impact we are talking about. We are also exploring options for the reuse of known Northern Ireland waste streams; for example, gypsum, chicken litter, meat meal and bonemeal, and tyres. That will obviously reduce the amount of waste to landfill.”
“The second prosperity agreement was signed with Lafarge Tarmac on 5 March this year, and it focuses on the innovative use of waste-derived fuels to secure jobs and better environmental outcomes in its Cookstown plant, in the Member's constituency of course. The agreement is a public document and is available on the Lafarge Tarmac and NIEA websites. Details of the agreement include that Lafarge Tarmac will reduce fossil fuel or coal dependence by 35% through alternative fuel substitution. Lafarge Tarmac will reduce its total carbon emissions from production by a minimum of 10%.”
“The recently signed agreement with Lafarge Tarmac includes the commitment to use alternative fuels in its cement kiln, helping to reduce fossil fuel dependency and use former waste materials as a resource. All future prosperity agreements will also include actions relating to climate change adaptation or mitigation.”
“Companies need to change the way they operate and recognise the environment as an opportunity rather than a barrier. This requires a partnership approach with the regulator. <BR /> <BR />The first agreement, signed with Linden Foods, included a target to reduce carbon emissions from the company’s operations by a staggering 25% through investment in new refrigeration equipment. Prosperity agreements support responsible businesses that seek to move beyond minimum compliance and harness market value from innovation. A prosperity agreement can also enable the Department to leverage sector-wide change, influencing the supply chain — in this case the agriculture sector — to take action on reducing its carbon footprint.”
“Climate change is one of the key societal challenges of the 21st century, with transport, business and agriculture all contributing to greenhouse gas emissions in Northern Ireland. I am committed to bringing forward a climate change Bill in the next Assembly, and my Department is also being proactive in seeking to address this challenge through innovative regulatory practices in advance of any legislative instruments. Prosperity agreements are voluntary agreements through which the Northern Ireland Environment Agency (NIEA) and an organisation can realise opportunities for reducing the environmental impacts of energy and material use in ways that create prosperity and well-being. <BR /> <BR />To address the challenge of climate change requires a business and the regulators to take a radical new approach.”
“It is my intention that the first components of that review will be the more controversial aspects of it, namely PPS 18, pertaining to renewable energy, and PPS 21, with which the Member's more rural colleagues are very well acquainted. However, I have to wait until the SPPS is published until I can proceed with these reviews. The SPPS is currently awaiting approval by the Executive.”
“I thank Mr Kelly for the question. When I heard that I was going to be asked a question about my assessment of ETSU, my answer was going to be that he has not done that much for Everton since he came on loan from Chelsea. <BR /> <BR />The Member's question is around the review that I have pledged of PPS 18, which is the wider renewable energy policy. I very much intend to do that this year, which, obviously, is my last year, potentially, as Minister of the Environment. It has always been my intention that, following the publication of the strategic planning policy statement, each component of that statement would be subject to a comprehensive review.”
“<BR /> <BR />While I recognise that ETSU-R-97 is the established UK-wide standard in relation to the assessment of noise, I am aware that it has attracted some criticism. I also acknowledge that the Environment Committee, in its recent report on the outcome of its inquiry into wind energy, recommended that my Department review the use of ETSU-R-97. As a result of those concerns, and in response to the recommendation of the Committee, I am considering further investigation of the use of ETSU-R-97 in the North. <BR /> <BR />I aim to complete an urgent review of strategic policy on renewable energy following the publication of the SPPS and during 2015-16, and I will consider this matter as part of that review.”
“In common with the approach in the other devolved Administrations, my Department's planning policy statement 18 on renewable energy recommends the use of the 'Assessment and Rating of Noise from Wind Farms' — ETSU-R-97 — standard in the assessment and rating of noise from wind energy developments. <BR /> <BR />That standard describes a methodology for the assessment and rating of noise from wind energy development that provides protection to wind-farm neighbours without placing unreasonable restrictions upon appropriate wind-energy development. ETSU-R-97 deals only with the assessment and rating of noise; it does not provide guidance in relation to the assessment of shadow flicker. Advice on shadow flicker and reflected light is set out in the associated best practice guidance to PPS 18.”
“That skews our figures when we talk about meeting renewable energy targets, because, although one has received planning approval, there may be no realistic prospect of its being connected. So, I share the Member's concerns: it is something that we need to look at strategically. <BR /> <BR />In other jurisdictions — Scotland, for example — they do it the other way round: planning permission will not be awarded to a renewable energy project unless it has a guaranteed grid connection. That is something that we need to look at, and I will look at it in conjunction with the Enterprise, Trade and Investment Minister and others.”
“I thank the Member for that question. The issue of grid connection has been raised, largely by the industry itself, as a major problem, as it slows down the development of wind farms and single wind turbines. The Member will be aware that, while I have responsibility for planning, I do not have responsibility for energy. So, problems with, or associated with, NIE and grid connections would be better directed towards the Enterprise, Trade and Investment Minister the next time the Member gets the opportunity. <BR /> <BR />It is very important. Quite a number of wind farms in the system have received planning approval but have not been able to secure a grid connection.”
“My aim is to publish the SPPS in its final form in the very near future, following Executive Committee consideration. When it is published in final form, the provisions of the SPPS must be taken into account in the preparation of local development plans by the 11 new councils, and will be material to all decisions on individual planning applications and appeals. It is very important that the SPPS be in place as soon as possible to provide the policy framework for the new two-tier planning system and, in particular, to enable the new councils to get on with the very important work of preparing their local development plans. <BR /> <BR />Pending its publication, the existing suite of planning policy statements and relevant provisions of a planning strategy for Northern Ireland shall continue to apply as a temporary arrangement.”
“I thank Mr Eastwood for that question. The final draft of the SPPS was completed last month following extensive engagement with key planning stakeholders.”
“<BR /> <BR />Therefore, I certainly do not have any intention of introducing a threshold or limit on the number of wind turbines that may be erected in any council area, as I would not have any intention of introducing a threshold for the number of houses in any council area. However, one threshold that does exist is that any renewable energy application over 30 MW will not be dealt with by the relevant council but retained centrally by the Department, as that would be deemed to be a major or regionally significant application given its scale.”
“I thank the Member for the question and the supplementary. As the Member will be aware — as all Members will be aware, or should be aware — as from 1 April the vast majority of planning powers were transferred from my Department to the 11 new councils. While the Department will retain overarching planning policy responsibility, including the responsibility for planning policy statement 18 — or now the SPPS — and policy for renewable energies, it is only right and proper that councils will have a fair degree of autonomy when it comes to deciding what will work in their areas and what their areas need.”
“<BR /> <BR />Applications for single wind turbines are determined by taking into account all relevant planning considerations — a wide range of factors, including the potential impact on public safety, human health, residential amenity, landscape and cumulative impacts. The details of each application, including site characteristics, locality and height of turbines, will differ. Therefore, each application is determined on its own particular location merits. <BR /> <BR />It is important that the right balance is struck between facilitating wind energy development in appropriate locations and protecting the exceptional quality of our natural environment. These are matters and issues that I considered in finalising the strategic planning policy statement (SPPS).”
“The number of single wind turbine applications approved from 2005 to 31 January this year is 2,212. That is my Department's latest available provisional renewable energy information. <BR /> <BR />This figure is for applications approved and does not necessarily equate to the number of single wind turbines constructed and operational, as the Department does not hold information on whether the permission has been implemented. The figures may also include renewals of planning permissions and changes to existing approvals, and may, therefore, equate to fewer than 2,212 individual sites.”
“I thank the Chair and Deputy Chair of the Committee for their contributions. I actually watched the Committee session on these regulations, which is not something that I make a habit of doing by any means, and saw and heard many questions being asked — many of which I have asked myself. Mrs Cameron hit the nail on the head when she said that this is about increasing the safety of our children as passengers in cars and that that safety is paramount. In conclusion, I ask the Assembly to affirm the regulations.”
“<BR /> <BR />Regulation 129, in its first phase, has been in place since 2013. Parents can already buy an i-Size child restraint system. Once affirmed, our regulations will ensure that the new safety standards are formally recognised in legislation here. In moving this motion today, we continue to ensure the safety of our children as passengers in cars. I commend the motion to the Assembly and ask that it affirms the regulations.”
“Similar figures were reported in 2013, so, unfortunately, not everyone is listening. <BR /> <BR />One of the benefits of the new i-Size system is that the new child seats should be much easier to install and fit into any i-Size position in a car, regardless of make. This should reduce the risk of incorrect installation. Not all cars are currently compatible with the new standard. Naturally, it will take some time for older cars to be replaced and the car fleet in the North to be refreshed. It will therefore be important for those using child restraint systems to continue to make sure that any ISOFIX or i-Size seats that they use are approved for use in their car. This will mean checking the specifications of their car and the manufacturer’s instructions for the car seat.”
“<BR /> <BR />As I have indicated, the new and existing standards will remain legal for some time yet. That is the position across Europe. There is, therefore, no need or obligation for consumers to rush out to replace their current child seat for a new i-Size model at this time. <BR /> <BR />Of course, child car seats must always be properly used to be effective. My Department has encouraged parents and carers to use the appropriate restraint through a number of educational measures, underpinned by the core message "No seatbelt: No excuse". That has reinforced all seat belt wearing campaigns over the past 13 years. However, we should not take it for granted that that message is getting through. The 'Northern Ireland Survey of Seat Belt Wearing 2014' reported that 5% of children travelling in the back of a car were not restrained.”
“Seats are categorised according to standing height and maximum permissible combined weight of the child and the child car seat. This should give parents and carers greater certainty that they are using the correct seat. The i-Size seats will also be more rigorously tested before going into the marketplace. The introduction of a side-impact test will lead to better protection of the child's head, especially for younger children, should they be involved in a side-impact collision. <BR /> <BR />Another key change will be the requirement to carry very young children in a rearward-facing child restraint system until the child is at least 15 months old, instead of nine months as permitted under current safety standards. Initially, this will be recommended practice, but it will ultimately become a mandatory requirement.”
“While most parents will have used car seats at some point in time, I am certain that many will admit that they are sometimes unsure whether the child car seat is fitted correctly or is suitable for their child and/or their vehicle. The new standards should make it easier for parents and others with responsibility for children travelling in their cars to choose the correct seat and to fit it with more confidence. <BR /> <BR />The main aim of regulation 129 is to make provision for a child car seat that is anchored to standard plug-in points in the car's structure. This will safeguard children to the maximum degree possible in the event of a collision by limiting the mobility of the child's body. Regulation 129 introduces a new classification of child car seat called i-Size.”
“In the meantime, old-style and new-style child seats can be sold alongside each other. <BR /> <BR />The purpose of the regulations is to give legal effect in Northern Ireland to the new safety standards. Once they are in place, the regulations will ensure that consumers in Northern Ireland have an extra option to choose from when buying a child car seat. As I have stated, the regulations are needed to implement the requirements of an EU directive. Britain is also moving to amend its legislation, and similar regulations came into operation in the South in September last year. <BR /> <BR />What is the rationale for the new safety standards?”
“The regulations will implement an EU directive that deals with the compulsory wearing of seat belts and restraints by children in motor vehicles. They are made under article 24 of the Road Traffic (Northern Ireland) Order 1995. <BR /> <BR />I will briefly set out the background to the legislation. In February last year, the European Commission adopted a regulation that aims to provide additional safety benefits for child restraints over and above existing safety standards. Regulation 129 will be introduced in three phases. This legislation deals exclusively with phase 1. It is intended that, once all three phases have been completed, old-style child restraint systems will gradually disappear from the market. Although no date has been set for that, it is unlikely to be before 2018.”
“At a recent meeting that I had with the Partnership for Action Against Wildlife Crime, it was a real education for me to learn what some of our alien species are. What may seem like a harmless deer is actually very detrimental to the ecosystem and to the food chain of other native or indigenous species. We work with partners in the NGO sector to identify species, the harm that they do and humane ways of dealing with problems as they arise.”
“I thank the Member for his question. My Department, under the auspices of the NIEA, remains committed to tackling invasive and alien species, which are manifold and take many forms.”
“I anticipate that a lot of hand-holding will need to be done, but it is important that the councils are allowed time to make their own decisions and, in some instances, learn from their own mistakes.”
“I thank the Member for that supplementary. As I said, I am confident that, as a Department, we have done all that we could and should have done to date in order to build the competence levels of councillors to deal with this extremely important function. However, I have no doubt that there will be further requirements for continued professional development, if you want to call it that. Problems will arise, no doubt, across the councils; decisions will be made; and, sometimes, decisions will be unmade. Due to the failure of the Assembly to approve the regulations I brought last week, I fear that some councils will start calling in planning decisions that had been passed. I think that that is very dangerous. They will not be cut adrift. The Department will retain oversight and a close relationship with planners in all of the council areas.”
“However, I think it is fair to say that I have seen, in my interaction with councillors and councils, the realisation that with that power is going to come a great responsibility, and there is a wee bit more trepidation about it now. <BR /> <BR />In my opinion, we have done everything we can do, as a Department, to ensure that councillors will have not just the competence to take on and make these planning decision, but the confidence. It is vitally important that they have the competence and confidence. If they have that, they will have the confidence of the public.”
“I thank the Member for the question. The transfer of planning draws ever closer; in fact, many councils have had their last planning committee meetings in their old form. It is, of course, my hope, and the hope of everyone here, that the new councils will be able to hit the ground running as of 1 April with their new planning function. <BR /> <BR />There has been an awful lot of investment. First, there has been the investment of money that has been sanctioned by the Executive, and, secondly, there has been a huge investment of time in the training of the new councils and councillors, with specific attention paid to the new function that they will have of planning. I remember sitting on Derry City Council not that long ago, and many of the councillors were rubbing their hands at the prospect of getting the planning power.”
“I thank the Member for that supplementary question. The short answer is yes, I do agree. I am also aware that Belfast City Council was opposed to the decision. Clearly, local views such as those will be very important when decisions are finally taken.”
“It is clear however that there is widespread public interest in the building and that the majority of comments and articles have expressed a desire to see that the heritage that remains continues to enjoy the protection of listing. I can assure the Member that no decision will be taken until all views have been received and carefully considered.”
“I thank Dr McDonnell for that question. The NIEA has been undertaking a review of the historic buildings of the North since 1997. This second survey provides detailed information and records. Its aim is to help improve the protection of historic listed buildings. <BR /> <BR />Over the last three years, this work has been under way in Belfast. As part of this process, the Department is consulting on delisting a number of buildings. I have been advised that Kelly's Cellars was subjected to the same review as all other listed buildings. Although it has important historical connections, it was found to have changed significantly over the years: walls have been rebuilt due to bomb damage and internal fittings have been removed. Its authenticity as a historic building was, therefore, considered to have reduced.”
“I am not sure whether Mr Dickson has looked at my budget plans. If he has, he will be just about the only person whom I have heard describe them as "optimistic", that is for sure. We have not budgeted on the fact of anyone leaving the Department. You cannot budget on the assumption that people will leave, so the figure that we have set aside for salaries next year is the same figure for salaries this year. If and when people leave throughout the year — and it will also depend on when they leave — money will become available which will be able to go into the functions that I outlined earlier.”
“It is vital that we concentrate on delivering the same level of service, ensuring the protection and promotion of the environment, albeit with what will inevitably be a reduced workforce. It remains to be seen whether it will be reduced by the requisite number.”
“I thank the Member for his question. Obviously, I outlined in response to an earlier question the impact of budget cuts on all Departments and the fact that — I can never resist saying it — my Department has been hit harder than any other. In order for my Department to continue its service as it has done up until this point, we would require somewhere in the region of 500 people to leave their posts. I have stated publicly — and here, in fact — that there will be no compulsory redundancies in my Department. I know that the voluntary exit scheme opened recently. To date, I have heard of some interest in it in my Department and wider interest across other Departments.”
“I thank the Member for his supplementary question. To date, that meeting has not been arranged. He referred to an opt-in option. I would certainly be happy to explore that option. However, due to the costs of it, it was not actually presented as an option. As I coined it in the Chamber in my answer to a question from Mrs Overend, the option option was not an option. If it becomes an option, it is an option that I will consider.”
“For too long, flags have been used here as tools by some and targets by others. While our debate on the issue in the Assembly was very good and very frank, it might not always have been "amicable", which is the term that the Member uses. I outlined quite clearly that day and in previous and subsequent media interviews that the decision had been made and that it was here to stay. <BR /> <BR />I know that one of the Member's party colleagues had outlined what his party would do when it gets this ministry, but, as this ministry will not exactly exist after this mandate, that will remain to be seen.”
“I thank the Member for his question. I thought that the solution that we had reached was a fairly amicable one in that there should not be a flag on the licence due to the division that that will and would cause in the North.”
“<BR /> <BR />I say to the Member, and to any Member, that, if there are specific cases, they should feel free to lift the phone or come to my office and we will deal with them case by case, although I know that that is by no means a satisfactory approach. It will get the outcome that that person desires, although you will not catch everyone that is affected by doing so.”