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 will certainly explore the options that are open to me and my Department to maximise the drawdown from the fund. I have alluded to the constraints on my budget and what we can do on built heritage, so I very much see that grant as an opportunity to supplement what we are doing, what we are trying to do and what we want to do. If the Member has any specific churches in mind, I would be happy to meet them to see what we can facilitate, even if that means the funding going through my Department to the church or churches in question.”
“I thank the Member for that question. I was delighted to be made aware of that fund, which is being run through the Heritage Lottery Fund (HLF). I directed that a press release go out from me, as Environment Minister, to encourage people to take it up and at least to make them aware that the fund existed, particularly given the constraints on my budget and the fact that, in the last few months, I have been able to do so little on built heritage and its preservation, protection and promotion. I very much value all our built heritage, and we are blessed, if you pardon the terminology, to have so many places of worship that tick those heritage boxes. If the Member feels that we could or should do more to promote the scheme and encourage more applicants, I would be happy to hear his suggestions for how we should do that.”
“I thank the Member for the supplementary question. I am well aware of the demand for social housing and the needs of those who require it. The Member referred to the need for more land to be zoned to address the problem. However, given that, in the Department's opinion, sufficient land is zoned, we would very much welcome and love to see further housing applications for the land that is already zoned. <BR /> <BR />Given the huge demand and need in the Member's area, I am sure that he will be pleased to know that, this morning, I issued an approval for a social housing scheme on the Glen Road in west Belfast. That scheme had been held up due to technical difficulties in the planning system.”
“At that time, I referred to the fact that just because land is not specifically zoned for social housing but is zoned for general housing does not mean that it cannot or will not be used, ultimately, for social housing. If an application for social housing were to come forward on any of those zoned areas, it would be treated just the same as an application for general housing on those areas. It is our belief that, in BMAP, there is sufficient zoning for social housing, albeit that I am well aware of the demand for social housing, not least in the Member's constituency. It is a demand that is shared by my constituency.”
“I thank the Member for his question. Having sat on the Social Development Committee with the Member for a couple of years, I am sure that he will be aware that I share his passion for social housing provision. The planning system, as the Member is aware, does not deliver social housing, which is largely a matter for DSD, the Housing Executive, the various housing associations and others. However, the planning system can assist by allocating land for social housing and development plans and by taking decisions on planning applications having regard to existing planning policy, such as Planning Policy Statement 12, 'Housing in Settlements'. <BR /> <BR />The Member has raised before the fact that he would like to have seen in, for example, the Belfast metropolitan area plan (BMAP), more land zoned for social housing.”
“I thank the Member for that supplementary. I am certainly prepared to do anything, as I said, to improve the standard of beaches and bathing water, not only in south Down but across the North. I am, indeed, aware of the issues regarding water quality to which the Member referred. My Department has been working on the issue. We have been working with many other partners, not least DRD and Northern Ireland Water, which have quite a bit to answer for regarding water quality or lack thereof in some of the areas to which the Member referred.”
“I thank the Member for his question. We are blessed across the North to have so many beautiful beaches, and it is incumbent on us all to do what we can to keep them beautiful and, in many cases, make them more beautiful. Regarding the designation to which the Member referred, I am not sure why that is the case. I am personally familiar with the beautiful beaches of the Member's constituency, and I will establish the rationale behind those designations and why more awards have not been made in south Down. I am happy to meet the Member at a later date — or a sooner date — to discuss that with relevant officials.”
“In the light of that increase, I commissioned a statistical review to determine early areas of intervention to address casualty levels. In addition, my Department commissioned research to support decisions on early interventions to improve motorcyclist safety. A range of possible interventions was explored. The outcome of the research was that campaign advertising, as an early intervention, was the best way to address the issue. I have therefore commissioned a new motorcylists' safety campaign.”
“I am confident that, working with other statutory agencies and the motorcycling groups, we can make significant progress to address this important road safety issue. Action measures relevant to motorcycle safety that have already been implemented include compulsory basic training for new riders. Staged testing for new motorcycle riders dependent on their age was also implemented as part of the third EU directive on driver licences. <BR /> <BR />My Department is acutely aware of the rise in motorcyclist fatalities in recent years. There were four motorcyclist deaths in 2012, which is the lowest figure on record. Since then, there has been an increase, with 10 motorcyclists killed in 2013, rising to 13 riders and one pillion passenger last year.”
“My Department has lead responsibility, working with our road safety partners, including the Department for Regional Development and the PSNI, for Northern Ireland’s road safety strategy to 2020. Action measures in the strategy for motorcyclist safety include establishing a motorcycle safety forum comprising representatives of relevant public-sector organisations and groups representing motorcyclists; researching the conspicuity and visibility of motorcyclists; improvements to training and awareness techniques; and consideration of technology to help improve safety. <BR /> <BR />I can report that my Department has convened the motorcycle safety forum, which is now working on the development of a motorcycling safety strategy.”
“That means that Derry and Strabane will be getting just over £3 million in real terms, but that is a reduction of over half a million pounds from what they were getting last year.”
“<BR /> <BR />As the revaluation of non-domestic properties and rates convergence are rating policy issues, I have written to the Finance Minister asking him to consider the details that the council has raised. I indicated to him that I would be receptive to any constructive proposals that he may have to resolve the matter. <BR /> <BR />Given the financial pressures that my Department faces — I know that, as a member of the Environment Committee, the Member is well aware of them — including a pressure of an estimated £3 million in payment of the de-rating grant, it has not been possible to protect the rates support grant from cuts. Therefore, the budget for rates support has been reduced to £15·5 million this year.”
“I thank the Member for that question. I recently met and, indeed, regularly meet representatives of that immaturely named council. At my most recent meeting with them, they raised the impact of the revaluation of non-domestic properties, as well as rates convergence and the rates support grant that will be payable to Derry and Strabane in the next financial year. Subsequently, at my request, the council sent me a detailed case study setting out the specific details. There is a real anomaly in that area due to the rates revaluation that has seen a huge hike in Strabane's non-residential rates. That matter was also raised with the Finance Minister at the partnership panel meeting last week, and I believe that he is meeting a deputation from that council this afternoon.”
“I thank the Member for that question. I am not sure when the councils intend to strike their rate. However, I have furnished them with any information that I can to allow them to do so before the 15 February deadline that is statutorily imposed on and expected from all councils. I have, therefore, told them what they will get from my Department by way of the rates support grant. It is regrettable that that has had to be cut by 15·1% this year. Again, that is an issue that quite a few council representatives on the partnership panel raised. <BR /> <BR />The striking of the regional rate is clearly an issue for the Minister of Finance and Personnel, but it is vital that we move quickly so that people can have that certainty as early as possible.”
“In real terms, that will translate into a discount of £40 or £50 off their rates bills.”
“I wonder did the Member wonder whether I had any further information since he asked me that during my last Question Time. <BR /> <BR />The rates convergence scheme will address only the increases in rates bills that are a direct result of the creation of the new, larger councils. Over the years, differences have built up in the district rates chargeable by Fermanagh District Council and Omagh District Council. The district rates chargeable by Omagh District Council have, as the Member is well aware, been higher than for Fermanagh District Council. <BR /> <BR />By the use of the funding increments that I outlined of 80%, 60%, 40% and 20% over the next four financial years, the rates convergence scheme is expected to benefit 30,000 Fermanagh ratepayers whose bills may experience a slight increase as a result of merging with Omagh council.”
“It will be phased in over the next four-year term of the councils, with an 80% reduction in the increased portion of the next year's bills, followed by subsidies of 60%, 40% and 20% in the remaining years of the scheme. Upwards of 200,000 ratepayers will benefit, with discounts automatically applied.”
“As Members will be aware, my predecessor secured a commitment from the Executive of £30 million for a rates convergence scheme specifically to alleviate the impact on ratepayers who would have experienced a sudden increase in their rates as a result of the formation of the 11 new councils. In addition, my officials have been working closely with colleagues in DFP and local government to ensure that the immediate impact on ratepayers as a result of reform will be minimised. Last November, the Minister of Finance and Personnel announced the details of the scheme, which will provide direct support to domestic and non-domestic ratepayers who would otherwise have faced sudden and excessive increases in their rates bills because of the current differences between the rates set by the existing councils.”
“I have every confidence that what councillors do not know on 1 April, they will not be long finding out.”
“They had and will continue to have a lot of questions on other transferring functions, one of which is the transfer of off-street car parking. In a lot of instances, the councils are not overly enamoured with the funding that comes with that function. From a DOE perspective, however, I have ring-fenced the planning budget to transfer with that function, so it has not been subject to the cuts imposed throughout the year in monitoring rounds and budgetary cuts and has actually had a detrimental effect on the rest of my departmental spend. <BR /> <BR />DRD is transferring. DETI is transferring an important function in local economic development and tourism, and I believe that councillors also require further training in that field. However, the best training that anyone can get for any job is to do it.”
“I thank the Member for the question, which is very pertinent. A lot of focus has been on planning as a transferring function, but there are other functions that are transferring. Last week, I chaired the second meeting of the partnership panel, which allows for political discussion between elected members of the 11 new councils and Ministers.”
“I am confident that, through the guidance issued by my Department, the ongoing training — training that I am sure councils will be willing to continue after the transfer of functions — and through the establishment of and adherence to the code of conduct, the councillors will adhere to that and make their planning judgements based on planning policy and planning guidance. Should they not, they will be leaving themselves open to legal challenge. <BR /> <BR />I do not anticipate the transition being easy. As someone who has recently enough made the transition from lobbying on planning issues to making planning decisions, I recognise that a huge degree of growing up is required.”
“I very much welcome a question on immaturity from an expert on it.”
“I thank the Member for the question and the supplementary. Obviously, there will be different needs in different council areas and for different councillors. Until now, the training has focused on the core ethics of planning and the basic knowledge that councillors, particularly those on the planning committees, will require to discharge their new responsibilities. <BR /> <BR />I am very aware of the issue that Ms Boyle raised. I notice that Mr McElduff is sat beside her; he probably gave her a kick to ask about non-farming dwellers. Flexibility will be afforded to councils in the formation and formulation of their new local development plans so that they can reflect very specific local needs in those final plans.”
“<BR /> <BR />As well as the training given by councils and planning headquarters, regional training continues, covering areas such as community planning, via a contract with Community Places, and the new councillor code of conduct. Funding has also supported community planning workshops for all stakeholders involved in the process. Added to that, funding has been made available for developing a communications strategy in preparation for the transfer.”
“The area planning managers are also taking responsibility for preparing, training and educating their staff for the change. Ongoing training for planners on the new two-tier planning system will continue to be delivered over the coming months to ensure that all involved in the new system have the necessary skills and competence to ensure the system is delivered effectively from day 1. Locally, each new council has developed a training plan and has been allocated £100,000 to meet the needs identified in that plan. That will provide training to cover new councillor induction and governance arrangements as well as organisational design.”
“<BR /> <BR />At a local level, the Department continues to work closely with the new councils to provide training and guidance through, for example, working with the shadow planning committees or facilitating mock planning committee meetings, which planning staff and councillors have attended.”
“A series of training events was rolled out across councils from early September 2014 to late January 2015. The sessions covered an overview of planning for councillors; development plans and working with the community; practical planning and propriety; and outcomes for the code of conduct. The training was facilitated and delivered by senior planning staff, staff from other Departments and outside bodies, including the Northern Ireland Housing Executive, and representatives from other jurisdictions with knowledge and experience of similar planning systems. The training programme was developed to help to prepare those attending to understand the new planning system, the processes involved in making planning decisions, and the need to comply with ethical standards.”
“I thank the Member for his questions and welcome his support for solar energy. The issues that he raises, such as separation distances and so forth will, obviously, be incorporated as they are currently for wind energy. People in the Chamber and outside it have different views on whether the separation distances enshrined in that policy are sufficient. However, the SPPS has given us an opportunity to review those matters, and we will have to wait and see what the outcome of those deliberations is in the next six weeks. I am hopeful that my answers on this subject have shed some light on the issue, and I look forward to discussing it further upon the publication of the SPPS. The issues raised by Members today will be taken on board in the finalisation of that document.”
“Planning applications for renewable energy are no different in that regard.”
“I would like to think that the views of residents, objectors and stakeholders across the North have already been factored into the SPPS; it was subject to extensive consultation and attracted over 700 responses. Of the applications to which the Member refers, one has been made, and the other is yet to arrive. I know that the Member had sought a meeting with me on that project, which I was not able to grant, given that there is no existing application. However, if an application comes in I will be more than happy to meet the Member and, indeed, the local people whose concerns he believes should be taken on board. As well as visual amenity impacts and landscape issues, the views of objectors and supporters are all material considerations when dealing with any planning application.”
“<BR />Incentives are offered by another Department for various renewable energy initiatives, and questions as to exactly how that is done would probably be better directed towards Minister Foster.”
“I thank the Chair of the Committee for her question. She is quite right to identify that the majority of our renewable energy comes from wind. Currently, of the energy produced in Northern Ireland, 19·6% comes from renewable sources, and the vast majority of that is from wind. As for what I am doing as Minister of the Environment to encourage alternative sources, I believe that I can do that through planning policy and guidance. While we encourage, and we all should embrace, renewable technology, it is vital that, in planning policy statements and guidance issued by my officials and me, we protect the natural environment as well as recognising the wider environmental and economic benefits of renewable energy.”
“As I already outlined, it is my intention to finalise the SPPS prior to the transfer of functions in April. We have most of the work done. There are still bits of it that need tweaked — in my opinion, improved — and one of those areas is around PPS 18. Of course, the issues that the Member raises around sensitive and special landscapes are taken very seriously by my Department. That will be reflected in the final SPPS in how we deal with current applications on renewable energy and how councils will be expected to deal with renewable energy applications in the future.”
“It remains my intention to finalise the SPPS, as I said, in the very near future. As I have also previously indicated, I have instructed officials to prepare practice notes for planning staff in relation to the handling of solar energy proposals.”
“I thank the Member for the question and the supplementary. The application to which he refers is, to my knowledge, not yet an application. We have, however, received indications of a forthcoming application. When or if it arrives, it will be assessed by my Department using PPS 18 or its successor in the SPPS. My Department is currently finalising the strategic planning policy statement for Northern Ireland, which seeks to shape clear and concise planning policy, setting out the purpose of planning and core principles for the new two-tier reformed planning system. <BR /> <BR />As I said in my initial answer, large-scale solar energy development is a matter of growing concern, and I intend to provide an appropriate level of strategic direction for solar energy in the final SPPS. Hopefully, that will be published within the next six weeks.”
“I am aware that large-scale solar energy development is a matter of growing concern and it is my intention to ensure that the final strategic planning policy statement (SPPS) provides an appropriate level of strategic direction in relation to solar energy development. <BR /> <BR />I have also recently instructed officials to prepare practice notes for planning staff in relation to the handling of renewable energy proposals, including wind and solar developments. That will greatly assist in dealing with these proposals.”
“The energy produced from the sun does not deplete any natural resources. Therefore, it is considered to be environmentally friendly. Active solar photovoltaic technology can generate electricity from daylight. It can be freestanding, roof-mounted or used as a building material in its own right. My Department's policy and guidance ensures that, while the wider environmental, economic and social benefits of renewable energy developments will be given significant weight in determining whether planning permission should be granted, the environmental, landscape, visual and amenity impacts associated with such developments also need to be assessed.”
“My Department determines planning applications for all renewable energy developments on a case-by-case basis against the provisions of planning policy statement 18 on renewable energy, its supplementary best practice guidance and all other material considerations. PPS 18 provides for the evaluation of all development that seeks to harness energy from renewables, including energy derived from solar. It aims to facilitate the siting of renewable energy generating facilities in appropriate locations in the built and natural environment. <BR /> <BR />The best practice guidance for PPS 18 also provides background information and guidance on active and thermal solar technology. I am aware of the benefits of solar energy. The sun is a natural energy source; it does not require the burning of fossil fuels and the associated air emissions.”
“Information leaflets have been distributed at events in East Belfast to help householders to improve the water quality in their area.”
“I thank Mr Douglas for his question and supplementary. He is quite right: I intended to visit Mrs Wendy Langham, the programme manager of the East Belfast Partnership, last month, but the visit was cancelled due to snow. However, I will endeavour to get back out there as soon as it warms up a bit. <BR /> <BR />As for other measures that we have planned to improve water quality, my officials will continue to support the local communities by following up on and investigating pollution problems in the area. My officials will continue to liaise with the East Belfast Partnership to include the pollution hotline number on interpretive signage in the area. River catchment investigations will continue to be carried out by my officials to monitor the impact of agricultural practices and industrial discharges.”
“<BR /> <BR />I am pleased that, through my Department's challenge fund and support, the Connswater Community Greenway team and the Field Studies Council have been able to develop outdoor classroom materials for schools and community groups to access.”
“<BR /> <BR />The Belfast and Lagan catchment stakeholder group provides a public forum for stakeholders, such as the East Belfast Partnership, to discuss water management issues and work in partnership with government agencies to address them. My officials have been involved with the partnership, Rivers Agency and Belfast City Council on improvements in the Victoria and Orangefield parks and on the Knock river, such as the realignment of the river channel, introducing natural meanders, bank projection and marginal planting to help to improve water quality. My Department is also working with Rivers Agency to help to ensure that the Connswater Community Greenway flood-alleviation scheme delivers maximum benefits to water quality.”
“In December 2009, DOE published the 2009-15 'North Eastern River Basin Management Plan', which identifies where the water environment needs to be protected or improved, the time frame to make those improvements and how that can be achieved. As the first 2009-15 cycle is drawing to a close, a second cycle management plan will be published in December this year, and the draft is available on the DOE website. <BR /> <BR />The plan is implemented at a local level through a Lagan local management area action plan, which covers the Connswater, Knock and Loop rivers. Those rivers are contained in the Connswater river water body, which has been modified due to extensive flood-risk management. The water quality is classified as poor, and the objective is to improve it to moderate by 2021.”
“The motion jeopardises a fundamental tenet of the Taxis Act, reduces choice for consumers in Belfast and puts at risk the aims and objectives of the Act. I sincerely hope that Members will choose to support the case for modernisation and vote against the motion. It is high time that we moved to implement the remaining elements of the Taxis Act as the House intended in 2008. The public in the North need the change, as does the taxi industry.”
“Thanks for that, Barry. <BR /> <BR />Mr Maginness likened public hire to his past career as a barrister. I know that they charge extra for taking cases. Mr Lyttle spoke of the very real commercial concerns that have been caused by the delay. He talked about the difficulty that exists, particularly around large events, and helpfully cleared up the concerns of cycling groups and cyclists, although I know that a few of them would happily have the buses removed from the bus lanes as well. <BR /> <BR />I will summarise my position. The case has been made by all sides for almost 10 years. It should be for consumers to decide which services they want to use, taking account of quality and price. There is no reason at all why Belfast public hire should not flourish in such an environment.”
“She spoke of competition being good for consumers and felt that those supporting today's motion are preserving the monopoly of Belfast's public hire taxis to ply for trade in the city centre. <BR /> <BR />Peter Weir spoke of finding a solution. I am certainly keen to do that and will work with everyone to do so. However, I am genuinely not sure what compromise might be acceptable to the drivers who have persuaded his change of heart on the issue. He rightly identified this as a Belfast problem. He spoke of the fear of creating a duopoly, and the evidence certainly exists to show that two big organisations becoming overdominant is bad news for everyone — except for those two parties. <BR /> <BR />Mr Maginness —”
“She referred to the need for certainty in the industry, and that is something that all those involved in taxiing and the wider public need. Having spent five minutes rubbishing the motion and ridiculing those who proposed it, Mrs Overend veered unexpectedly into bus lanes. DRD has primary responsibility for bus lanes, and I understand that it was waiting to see what the new licensing regime would look like before taking a final view on which taxis, if any, are allowed to travel in bus lanes. From a DOE perspective and an SDLP perspective, I hope that it retains the current position of permitting only wheelchair-accessible taxis in bus lanes. <BR /> <BR />Anna Lo said that, in her time chairing the Environment Committee, she had not heard any compelling argument against the introduction of single-tier.”
“<BR /> <BR />Mr Eastwood opposed the motion and highlighted the fact that, in the main, taxi operators and drivers wanted to see the legislation and the regulations finally coming in. The aim is to simplify the current system, and that would be beneficial to tourists and locals alike. He referred to the ridiculous situation at George Best airport, where many people's first experience of Belfast is a confusing one. <BR /> <BR />Mrs Overend referred to the delay that had been granted to give taxi operators time to prepare for the change. To their credit, Belfast public hire have used that time to lobby, and they have lobbied very effectively, causing the DUP and Sinn Féin and now also the UUP to change their position.”
“Those Members want to ensure that where there is the greatest demand for taxis anywhere in the North — Belfast — such a choice is not permitted. Maybe it is no coincidence that not one of the Members who spoke in favour of the motion was elected by the people of Belfast. I know that they are not representing their best interests today. <BR /> <BR />I listened carefully to all the Members who spoke during the debate, and I thank everyone for their contribution. I will make a few comments on some of the points raised. <BR /> <BR />Mrs Cameron moved the motion and outlined the Committee's consideration of and deliberations over the regulations. She suggested that we look at a compromise deal, whereby single-tier or dual-tier could work at certain times. That, in my opinion, would compound the confusion that we are trying to clear up.”