Mark Durkan
Foyle · Social Democratic and Labour Party · Northern Ireland
“That review involved an extensive engagement exercise with charities, regulators and funders, aimed at creating a more modern and proportionate regulatory system.”
“When the review was commenced in 2021, many organisations were still in the midst of responding to the pandemic. Since then, they have faced a succession of new and evolving challenges. The ending of European funding programmes, on which so many in our communities relied for decades, has left a significant gap.”
“<BR /> <BR />The broad principles behind the Bill are sensible. The changes will modernise charity regulation, strengthen the Charity Commission's ability to intervene where misconduct or mismanagement occurs, improve information sharing and, importantly, reduce unnecessary red tape, particularly for smaller charities with limited adminis…”
“I welcome the opportunity to speak today. Before turning to the detail of the legislation — there will not even be that much detail in the debate today at Second Stage — I pay tribute to our charity sector. Across every constituency, charities provide support that changes and saves lives every single day.”
“<BR /> <BR />Whilst the SDLP supports legislation that removes unnecessary bureaucracy, we should not kid ourselves that administrative reform alone will secure the future of charities and organisations in the voluntary and community sector.”
“I thank the Minister for giving way. Like other Members, I welcome the fact that we have reached this point. There seems to be consensus among Committee members and, I am sure, all Members that the introduction of these measures will save lives, which begs the question of whether the 10-year delay in introducing the measures had an opposi…”
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“I thank the Member for that supplementary question. While I would be loath to get into the realm of compensation on the Floor of the Assembly, I have spoken to my officials about the need to expedite the process and will do so again. Just last week, I got another call from a constituent about that issue. <BR /> <BR />As I said, it is vital. Those people are in a very difficult industry in which the fares — I know from my constituency — have been the same for some 10 or 15 years, while all other prices have increased, although there has been a slight drop in the price of diesel. I will endeavour to ensure that those cases are dealt with quickly.”
“It is vital that we ensure that taxi drivers do not have to wait an undue length of time for their licences and are allowed to go about their business in an expedient fashion.”
“I thank the Member for the question. While I do not have the information as to the exact waiting time to hand, I have been contacted over a number of months by a number of, shall we say, irate tax drivers about the wait that they have had for their licence. <BR /> <BR />I stood in the Assembly a couple of months ago and outlined the importance of the taxi industry to Northern Ireland. It is very important that we do all that we can to facilitate the drivers, who are the drivers of that industry, who get people to work every morning and who make transport possible for those who may not be able to make it from A to B. That is why I was keen to get the regulations on single-tier taxiing through, which the Member's party blocked. Apologies, I digressed.”
“To that end, I will be hosting a used tyre/bonfire forum early next month and will invite all local councils in the North with a role to play in helping to deliver a solution to that intricate dilemma.”
“Let me be clear: where the NIEA obtains evidence that pertains to the identity of the producer or transporter of controlled waste who allows or transports tyres to be burned on a bonfire, investigations will be carried out. Any enforcement action will be taken against the producer or transporter of the waste and not against the landowner. Whilst the NIEA does not have powers to remove waste from bonfire sites, it can issue article 27 notices to landowners, directing them to dispose of the waste in a specified manner. However, in most cases, that would result in one public body taking legal action against another public body, and that is clearly in no one’s interest. <BR /> <BR />A complex problem needs us all to show willingness to develop a resolution.”
“Burning tyres generates toxic fumes and by-products that can be extremely dangerous to humans and animals. I am fully committed to working with and supporting local councils in reducing and ultimately eliminating the burning of tyres on bonfires. Whilst the legal position in relation to bonfires is complex and the relevant powers are exercised by a number of public bodies, including the Northern Ireland Environment Agency (NIEA) and local councils, I want to ensure that the environment is protected. Whilst I have directed the NIEA to seek to prevent the illegal dumping of tyres and to work with local councils to help progressively to reduce the number of tyres burned on bonfires, that is not enough.”
“The NGO sector is extremely important to many areas of life here in the North. The environmental NGO sector is certainly extremely important to the work that we do. It is important that we work in partnership with it. We will not always agree on everything. The environmental NGO sector here is understandably extremely keen to be involved in providing input to the Commission. To that end, Northern Ireland Environment Link (NIEL) will be coordinating responses from local NGOs, and those responses will be fed through to NIEL's parent organisation, Environment Link. As I said, NGOs here are extremely keen, perhaps too keen in some cases, to participate, but, as I said, I welcome any participation in this.”
“I thank Mr McCarthy for that question. It is important that the review is as wide as possible and that participation in the review is as wide as possible with, certainly in my opinion, an intention of strengthening the directives and the protections that we have in place, which, I dare say as it is regularly brought to my intention, are not quite strong enough. I see a review as an opportunity to improve, and I look forward to participating in it. I am sure that it will not be in a ministerial capacity at that stage, but it is extremely important that we get as much input as possible and as good an outcome as possible.”
“I thank Ms Boyle for the question and her supplementary. It is inevitable that the most recent Budget passed by the Executive and subsequently the Assembly will have an impact on many, if not most, areas of service across all Departments. My Department is no different. In fact, the cut administered to my Department's budget was greater in percentage terms than that to any other Department. However, that will not dilute my determination or my officials' enthusiasm to ensure that we do everything, and continue to work as hard as we have been doing, to meet these very strict targets that are set down to us from Europe. It is important that we do so in partnership with NGOs and so forth, who are those with great authority and knowledge of these matters.”
“While it is the intention of REFIT to reduce the bureaucracy associated with EU laws, it is difficult to determine at this stage what, if any, legislative changes will result from the exercise.”
“It is the intention of the Commission to get potentially differing views on the effectiveness of the directives from a number of perspectives. <BR /> <BR />DEFRA and the devolved Administrations are putting forward factual evidence based on scientific evidence and data, much of which has been shared previously with the Commission as part of our reporting obligations under the directives. In addition, links to respective planning policy documents, biodiversity strategies etc are being highlighted for the consultants to consider. Following consultation, it is likely that follow-up action with the consultants will be required during the second half of this year. It is intended that the overall exercise will be completed with a final report published by March 2016.”
“The DOE, as lead Northern Ireland competent authority under the directives, has engaged with the process and has provided input to DEFRA. The initial response is due with the consultants by mid-March. It is intended by the consultants to have a 12-week public consultation on the findings starting in April. <BR /> <BR />In addition to DEFRA etc detailed responses will be sought from specific bodies with experience of the directives. These bodies include the Department of Energy and Climate Change, the National Farmers' Union and the Seabed User and Developer Group. RSPB is coordinating the NGO response through Environment Link.”
“The DOE is aware of the European Commission’s fitness check of the birds and habitats directives. That is the latest part of the programme that is designed to determine the effectiveness of the directives in terms of implementation and outputs. <BR /> <BR />I understand that the Commission appointed consultants in late December last year to develop an evidence-based questionnaire for all member states to complete. The UK and nine other member states have been selected for greater in-depth follow-up action in relation to the programme. That action is to gain more detailed information on implementing the directives. DEFRA is leading on the UK response, with all three devolved Administrations feeding into the process.”
“My officials continue to work on it and will engage with other parties, as will I, to ensure that we get something through in regulation, but we are going to have to rely on leadership from local government and locally elected councillors. I hope that they are able to show more leadership than many in the House often do.”
“I thank the Member for the question. The free-for-all that the Member describes is not only something that I fear but something that everyone in the Chamber should fear. I am sure that everyone outside the Chamber across the North — all the citizens of the North — will fear it. In what should be an exciting new era for local government, when local government and new councils have been empowered to make more decisions, to make more changes and to make more impact on the lives of the citizens within their areas, those citizens do not want their councils to be blighted from the outset by petty arguments, things being called in that should not be called in and a complete lack of progress in that regard.”
“I thank Mr Elliott for that question. As of yet, no such implications have been brought to my attention. However, I fear that, if there is a continued failure to adopt and approve, if not the regulations that I brought forward in their exact form, something very similar, doing what I set out to do, what the Department set out to do, and what the Assembly agreed to do in passing the 2014 Act, there could be ramifications, and they could manifest themselves in a legal challenge of some description.”
“In the interim, my officials are also examining the approaches that may be available to provide a framework for councils that reminds them of the specific requirements of the 2014 Act in relation to matters that must be provided for in standing orders.”
“The absence of prescribed provisions in relation to the administrative arrangements for the call-in process and the specification of those decisions that must be taken by a qualified majority will mean that each council can determine its own arrangements. As a result, the key policy objective of ensuring a consistent approach to governance arrangements across all the councils is not guaranteed. <BR /> <BR />My officials are currently examining the options to provide a legislative basis for ensuring that the necessary provisions are included in council standing orders on a consistent basis across all the new councils. I will advise the Assembly of the outcome of that examination and how the matter will be progressed at the earliest opportunity.”
“It is unfortunate that these draft regulations were not approved by the Assembly when they were debated on 24 February 2015. They would have ensured that the protections for the interests of minority communities in council decision-making, supported by the Assembly when it passed the Local Government Act (Northern Ireland) 2014, were enshrined in statutory provision. In particular, the draft regulations made provision that a decision that had been called in on the grounds of disproportionate adverse impact would have to be taken by a qualified majority. <BR /> <BR />As a result of the regulations not being approved, there is no statutory basis for the process for reconsidering a decision beyond that specified in the 2014 Act.”
“I thank Mr McCallister for his question. Obviously, I regret anything that could be seen as a retrograde step by any council in meeting their obligations or in failing to fulfil their obligations to meet their recycling targets. I am aware of the great work that had been ongoing in the Banbridge area, however different councils have different approaches to dealing with waste, and, as councils are now merging, we will see more of this after 1 April as they try to bring together different schemes from different areas. It is vital that I, as Minister, and my Department support councils to do so and ensure that the schemes that they eventually decide on are those that yield the type of results that Mr McCallister outlined.”
“A stakeholder event held on 15 November 2013 attracted over 100 delegates, including many from local government. There were also further discussions on separate food collections with officials from the waste management groups at meetings of the waste coordination group held last year and at specific meetings, as I mentioned in my initial answer, with the shadow Fermanagh and Omagh council in July 2014 and with waste management groups, namely SWaMP2008 and Arc21, in August 2014.”
“Ba mhaith liom buíochas a ghabháil leis an Uasal Ó Brolacháin as an cheist sin. I thank the Member for his question. My Department engaged with councils and waste management groups on the general issue of placing restrictions on the landfilling of food waste through an initial consultation in 2010. Following that, there were opportunities to discuss aspects of the food waste restriction in greater detail during the development of the revised waste management strategy and the complementary development of revised waste management plans by waste management groups in 2013. <BR /> <BR />My Department consulted on the proposed food waste regulations between September and December 2013. There were 44 responses to the consultation, including 20 from local government.”
“<BR /> <BR />Work has been done with businesses, and it continues to be done through my Department and our sponsorship of programmes such as the ARENA Network and Business in the Community, which deals directly with businesses and shows them not just the regulations to which they have to adhere but the way in which they can turn the obligations into opportunities.”
“I thank the Member for that question. While I have not had direct contact with Minister Foster on these issues, our officials are in regular contact on these and other matters. You quite rightly pointed out that opportunities can be created for businesses by initiatives such as this, whereas it has historically been perceived that any environmental regulation is perhaps a threat to economic development. We are moving onto a platform where the economy and the environment work together rather than being at loggerheads.”
“I thank Mr Dunne for that supplementary question. Without a doubt, there will be an initial impact on ratepayers. As I said, through the Rethink Waste fund, I have been able to mitigate many, if not most, of those costs to date through the funding of new receptacles, vehicles and so forth to councils. However, over time, there will be savings to councils as a result of those types of arrangements. It is anticipated that, over the next 10 years, there will be savings in excess of £12 million. It is safe enough to assume that those savings will be passed on to ratepayers.”
“I anticipate that the discussions with waste management groups and councils will continue to ensure the appropriate implementation of the regulations by that date. To help councils to increase their levels of recycling, my Department has provided funding to councils and the waste management groups from the Rethink Waste fund. The fund covers the capital costs of improving or extending their existing waste collection and reuse and recycling infrastructure to meet their EU targets. Over the past four years, capital grants totalling in excess of £12·4 million have been made available to councils under the grant scheme.”
“Councils may continue to provide commingled collections of food and other bio-waste when they are satisfied that the amount of food waste collected is not substantially reduced. <BR /> <BR />The issue of the separate collection of food waste from householders has been discussed as part of the formal consultation process in 2013 and subsequently at meetings of the waste programme board, which I chair, and the waste coordination group, which involves officials from my Department and the three waste management groups. My officials have also had specific discussions on the issue with the SWaMP group, the shadow Fermanagh and Omagh council and Arc21. <BR /> <BR />The provisions of the new food waste regulations relating to householders come into effect on 1 April 2017.”
“The European waste framework directive required member states to collect separately at least paper, glass, plastics and metal by 1 January this year. The directive was transposed into law here in 2011. When the Department was transposing the directive, it consulted councils in writing and held stakeholder events and bilateral meetings with councils and the three waste management groups. My officials have also had regular discussions with the waste management groups regarding the development and implementation of the food waste regulations, which were made last month. The regulations require councils to provide receptacles for the separate collection of food waste from householders.”
“<BR /> <BR />Given that planning powers are to be transferred to councils in a few weeks, on 1 April, most applications will be considered and finalised by councils. However, in this instance, as the applicant is a council — many instances of such applications will arise over the coming months and years — careful consideration will have to be given as to how such applications are processed, so as to address any issues of potential or perceived conflicts of interest.”
“I thank Mr Eastwood for his question. I know that the Brandywell is dear to his heart, as it is to mine. We are both regular attenders. I am sure that he will join me in congratulating Derry City on a winning start to the season against Galway on Friday night. <BR /> <BR />My officials are fully engaged and fully committed to pursuing the scheme to a positive conclusion. Meetings and discussions have already taken place on the information required to bring the application forward to approval. It is expected that, once the information necessary to address the issues raised by Transport NI and the NIEA has been submitted, and once the objectors, of whom there are a couple, have been notified and given the opportunity to comment, if they so desire, the application can proceed.”
“The planning application for the redevelopment of the Brandywell stadium and showgrounds was submitted on 12 September 2014. The proposal comprises the demolition of the existing terraces and stand along the Lone Moor Road and their replacement with a new 2,400-seated stand. The development also provides for the relocation of the existing dog track within the site. <BR /> <BR />My officials have met the agent to progress the application. However, some further details are required on a number of issues, including contamination, drainage and boundaries. A consultation response is also pending from the environmental health department of Derry City Council.”
“Just last week, there took place the inaugural meeting of my new prosperity panel, which includes members of the very important agrifood industry. The input of agriculture here, into not just our economy but our environment through emissions, means that there are a lot more similarities between us and the Republic of Ireland. It is therefore vital that we work closely with that sector. As I said, we are much more similar to the Republic of Ireland than to England, Scotland and Wales. As such, I believe that we should look at it and learn lessons, not just from what it is doing right but from what it could be doing better.”
“I thank Ms Lo, the Chairperson of the Environment Committee, for her question. I described this earlier today as important and topical, and it will become even more important. It is vital that climate change remain at the forefront of everything that we do following the, shall we say, amalgamation of the Departments. The Member refers to what she perceives as a tension between my Department and its regulatory arm, the Northern Ireland Environment Agency (NIEA), and the agricultural industry, but it is safe to say that both sectors' relationships have been improving and, hopefully, will continue to do so before amalgamation with the Department of Agriculture. <BR /> <BR />I have to put on record my delight that "Environment" has warranted a place in the name of the new Department. That is very important.”
“I thank Mr Maginness for his supplementary question. Yes, there can be, should be, and are, joined-up approaches to tackling climate change. While I have a close working relationship with my counterpart in the South, a lot of what we do on climate change is in partnership with our partners across the water and with DECC. In fact, it is through it that we make our representations in Europe and even further afield on this extremely important subject.”
“I thank the Member for his question and his supplementary question on this extremely important and topical matter. Climate change knows no borders, and it is imperative that I engage in discussions not solely with our counterparts in the South, which I do on a regular basis, but with those in other jurisdictions. This comes up regularly at North/South Ministerial Council meetings, and Alan Kelly, the Minister in the South, is committed to addressing it on a joined-up basis, as was his predecessor Phil Hogan. I am sure that it will be in a prominent place on the agenda of the next NSMC meeting in environmental format also, and I look forward to updating the Assembly on that meeting in due course.”
“However, while around 1,000 organisations across the UK are currently participating in the emissions trading system, there are only 23 participants registered here, and so it is vitally important to ensure that the review does not have a detrimental effect on local participants after 2020 when any proposed revisions are to be introduced. <BR /> <BR />My officials are in regular contact with their colleagues in the Department of Energy and Climate Change (DECC) on the trading system and specifically on this review. They will provide me with advice later this month, following which I will provide a response on the current consultation on the review of the trading system.”
“A reformed EU emissions trading scheme remains the main instrument to help achieve that reduction target, but the review also provides an opportunity to address some areas of concern with the existing scheme, most notably the issue of carbon leakage, as well as providing the opportunity to consider a number of ways in which the scheme could better support low-carbon innovation across the industrial sectors and modernisation of the energy industry. <BR /> <BR />I believe that a robust and reformed emissions trading system can play a significant part in reducing greenhouse gases at minimum cost, and will also contribute towards achieving our Programme for Government target of a reduction in emissions of 35% by 2025.”
“The EU emissions trading system has been a cornerstone of the European Union's policy to combat climate change, and it is a flagship tool for cost-effectively reducing greenhouse gas emissions from major industrial sources across Europe. The review is being undertaken as a result of the agreement on the 2030 framework for climate and energy, which contains a revised target for reducing greenhouse gas emissions by at least 40% by 2030.”
“I sincerely hope that the new Newry and Mourne council and all of us will rise to the challenge: to find a way to move on from this, to break down the barriers and to build a united community, one where there will be no more "our area" and "your area", but everyone's area.”
“The absence of the approval of the draft regulations as a result of the tabling of a petition of concern means that the protections that the House approved when it passed the 2014 Act may not now be delivered in regulations in time for the new councils taking over on 1 April. It is unfortunate and, indeed, very disappointing that these regulations were not approved by the Assembly. However, over the next few weeks, I intend to work with other parties to find a way to have the regulations made as a matter of urgency, and I hope that all parties will support me in that. <BR /> <BR />Of course, regulations alone cannot substitute for strong local leadership and the demonstrable commitment to equality, respect and good relations that the motion calls for.”
“The mechanism was introduced to deal with decisions taken by a council: a change of existing policy or an existing name, as in the Derry City and Strabane District Council example cited by Mr Devenney today and by Mr Campbell ad nauseam. That name was given by the commissioner, so the decision of the new council to continue with that name was not determined to be a change of name. <BR /> <BR />The provisions that I brought before the House last week in the draft Local Government (Standing Orders) Regulations were designed to copper-fasten provisions in the 2014 Act for the protection of the interests of minority communities in council decision-making.”
“OK. Provisions in the Local Government Act (Northern Ireland) 2014 for certain council decisions to be taken by a qualified majority and for 15% of the members of a council to request the reconsideration of a decision are designed to provide protections for the interests of minority communities in the decision-making of the new councils. Whilst these provisions do not apply to the decision taken by Newry and Mourne District Council on the naming of the play park, they were designed to provide a mechanism to address similar issues if they arise — hopefully they will not, but more than likely they will — in the new councils.”
“Mr Humphrey has a very long memory when it suits and a very short memory at other times. I am not sure whether he recalls a debate in the Chamber last Tuesday, when I put forward regulations that would have enshrined in the standing orders of the new councils protections for the minorities living there. Perhaps Mr Humphrey, having spent the five minutes that he was allocated in this debate on a diatribe solely against my party, might ask for another intervention to explain to the House why he signed a petition of concern against regulations that would have protected him and his constituents from the very hurt that he purports that these policy decisions have caused.”
“Councillors, when acting as a district council, also have a responsibility to represent the interests of all the residents in that local government district.”
“<BR /> <BR />District councils are independent bodies that are elected to represent their constituents and, in law, are bodies corporate that have the functions that are conferred on them by statutory provision. The decisions on the discharge of those functions, including the naming of any facilities that are owned by the council, are a matter for that council, subject to any relevant statutory provisions. <BR /> <BR />As public authorities, district councils are subject to the section 75 duties in the Northern Ireland Act 1998 to have due regard to the need to promote equality of opportunity and, without prejudice to this obligation, to have regard to the desirability of promoting good relations in carrying out their functions.”
“In responding to the debate, I am not going to spend time going through the arguments and, indeed, the insults that have been aired this afternoon. It is my personal view that the McCreesh park decision makes a mockery of councils' responsibilities to reach out to and serve all the community. It certainly does not promote good relations. <BR /> <BR />While I recognise the right of local people to make local decisions, with that right comes the responsibility to respect the needs and rights of others. Decisions based on an attitude of, "It's our area, and we have the right to do in it or with it as we wish" do nothing to promote relationships of respect and tolerance. Psychological walls around areas are every bit as bad as physical walls, which, unfortunately, we all still see. We need to change that mindset and bring these walls down.”
“Go raibh maith agat, a Cheann Comhairle. At the outset, I want to make it clear that I will respond only to those elements of the motion that relate to the Minister of the Environment. When the motion was put down, I advised the Business Office that, while I could deal with those aspects of the motion, I could not deal with the other points concerning the role and performance of the Equality Commission, which, in my view, fall to OFMDFM. In fairness, having sat through the debate and listened to it, I do not think that many, if any, of the points raised fall within the remit of the Minister of the Environment. <BR /> <BR />The debate has been emotive and extremely divisive, and it shows exactly why we need to move on from this type of debate.”
“He spoke about separation distances and the need to increase separation distances for wind turbines, but I do not think that we would have any chance of meeting any separation distances, because he would have a house in every field. He lamented the over-reliance on wind energy and the underutilisation of other renewable sources of energy, so I look forward to his and his party colleagues' support for applications for solar farms and anaerobic digesters as they come forward. <BR /> <BR />As I said, I welcome the Committee’s report into wind energy. Whilst I have only recently seen the report, I am content to consider further and address the Committee’s recommendations that fall within my Department’s remit, subject to normal due processes.”
“He said that he came under fire because the policy was too draconian. The policy has not changed, as he quite rightly pointed out. He was also right in what he said about subjectivity. <BR /> <BR />I have to correct Mr Maginness on his point about the cumulative impact. The cumulative impact of wind turbines and wind farms is a material consideration when it comes to processing a wind energy application. <BR /> <BR />Barry McElduff spoke about our meeting yesterday, which was very productive. In some respects, I regret the timing of the report, in that it has come so close to the publication of the SPPS. However, the SPPS is not a catch-all, and we will have the opportunity to address some of the more serious or deep issues through a full review. <BR /> <BR />One of Mr McElduff's other pet favourites is PPS 21.”
“<BR /> <BR />Mr Wilson went on his anti-triffid rant, and I would love to ask him what he did in the war against the triffids.”