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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“The driver sees a young man or woman or a couple who want a taxi home after being out for a few drinks. They want to use the empty taxi that they can see in front of them, and the fully licensed and compliant taxi driver wants the fare. What possible role has the Department of the Environment in denying such a commercial transaction and denying the consumer their choice? The presence of the archaic by-laws, written long before modern dispatch systems were conceived, is not a good enough excuse, nor is the fear of change. There is, in fact, no reason at all. <BR /> <BR />Seemingly, the Members opposing single-tier do not want to extend to people in Belfast the flexibility on offer to people in Bangor, Armagh, Dungannon, Derry and elsewhere.”
“<BR /> <BR />The demand for the services of all taxi services, including Belfast public hire taxis, should be determined by the service that they provide and the price at which it is provided. I cannot justify a licensing regime that serves to protect a particular part of the industry to the clear detriment of consumers. <BR /> <BR />Consider the scene: a taxi driver with a taxi driver’s licence in a taxi with a taxi vehicle licence, who is legally working for an operator with an operator’s licence, is driving along one of Belfast’s busy streets at closing time on a Saturday night.”
“<BR /> <BR />My Department has also indicated that the current Belfast public hire fleet will have grandfather rights for five years on the new wheelchair accessible specification. That means that they will not have to comply until 2020, unlike new entrants to the market who will have to comply this year, on the basis that the regulations remain in place. <BR /> <BR />So, to say that the impact on Belfast public hire has not been considered or will be fatal is simply not the case. I am convinced that any sector of the industry that provides a good and price-competitive service will be able to thrive in the improved regulatory regime that the Taxis Act provides for. Why would it not?”
“However, I have not been persuaded by the arguments that have been put forward, and, in any case, I must balance those with the reasonable demands that have been sought by consumer and disability groups to improve regulation for a safe, fair and fit-for-purpose taxi industry, which, I reiterate, was the major driver for the introduction of the Taxis Act that was supported without division by the House. <BR /> <BR />Members will also wish to note that the regulations continue the provision and protection for Belfast public hire taxis that only wheelchair-accessible taxis can work from ranks within Belfast. That means that all Belfast public hire taxis will continue to be able to work from ranks and the current saloon-style private hire taxis will not.”
“I thank the Member for the intervention. <BR /> <BR />More effective action would be able to be taken against illegal taxis by using the new powers, which the regulations will enable, to seize illegal taxis. Without the regulations, those powers will continue to lie redundant and unused. <BR /> <BR />I have listened to all views. Since taking office, I have met many representatives across the sector and have considered many points that have been made in favour of and against implementing the remaining provisions of the Taxis Act. Specifically, I have met representatives of Belfast public hire taxis and have listened to and considered their very genuine concerns.”
“The concern of those who oppose the single tier is seemingly the possible impact on jobs within Belfast public hire. On that matter, I agree with Arlene Foster, the originator of the Bill, who, as Minister, argued that the legislation does not put jobs at risk. In fact, it will increase the demand for legal taxis, because the industry as a whole will be improved, will be more attractive and will be better regulated. More effective action will also be able to be taken against illegal taxis, using the new powers —”
“and he quite rightly made the point that it is not the Belfast Taxis Act but the Taxis Act. However, his direction of travel has seemingly changed. All that I can say is that I am glad that I am not in Mr Boylan’s taxi, because, with all those roundabouts and U-turns, it would cost me a fortune.”
“Indeed, only a year and a half ago, even the proposers of the motion wanted it. The Environment Committee unanimously indicated its support for a single tier. It was frustrated at the delays in introducing it. Mr Boylan’s view was that the continued delays in introducing a single-tier system were "ridiculous". His view then was:”
“<BR /> <BR />Support for a single tier comes from a wide variety of organisations. In addition to three consultations indicating a preference for a single tier, 913 letters from Belfast private hire drivers and 4,200 postcards received from private hire taxi passengers and submitted to the Environment Committee all called for the implementation of single-tier licensing. Furthermore, as Mr Eastwood told us, the Consumer Council wants it; disability groups, including Disability Action, want it; Women's Aid and Victim Support want it; the Belfast Chamber of Trade and Commerce, the Northern Ireland Hotels Federation, Pubs of Ulster and Visit Belfast all want it. Why? Because they see the clear benefit to consumers, to the increasing number of tourists coming to Belfast and the rest of Northern Ireland, and of course to the industry itself.”
“<BR /> <BR />Thirdly, a great deal of DVA enforcement activity currently addresses licensing offences that exist only because of the operation of a two-tier licensing system in Belfast. That is time-consuming for DVA and serves only to reduce the resources available to address the illegal and dangerous taxis that are unfortunately out there. That type of enforcement activity plays into the hands of illegal taxis and those operators and drivers who are licensed but choose to break the law. This cannot continue. A single tier will remove illegal PU-ing by licensed taxi operators and drivers and free up valuable resources so that more serious offences can be tackled more often in a targeted and robust manner. A single-tier licensing system will increase choice for consumers, increase competition and increase standards across the board.”
“The current dual system in place in Belfast is broken. It cannot adequately address a number of problems that the Act was designed and introduced to tackle. <BR /> <BR />First, the general public, residents and visitors alike are confused as to what taxis they can use in different circumstances. In many instances, they do not care, so long as the taxi is licensed and will take them home. A single tier will remove that confusion. <BR /> <BR />Secondly, there are insufficient numbers of taxis that can pick up on the street in Belfast — a particular problem at peak periods — to meet demand and ensure public safety and order. A single tier will address this deficiency in the current market by significantly increasing the number of taxis that can be hailed.”
“<BR /> <BR />Aside from the regulations that we are debating today, the remaining elements of the Taxis Act include the implementation of taxi meters to enhance customer protection and the introduction of a new specification for wheelchair-accessible taxis that will update the current 20-year-old specification. That will improve the safety and comfort of the taxi journey for people with disabilities, while ensuring, through the introduction of a maximum fare, that they, and indeed all customers, are not overcharged. <BR /> <BR />At present, we have essentially two regimes: one dual-tier system in Belfast, where private hire taxis must be pre-booked, thereby restricting customer choice; and a single-tier regime everywhere else, where consumers can choose either to hail on the street or pre-book.”
“In short, it is about creating a safe, fair and fit-for-purpose industry that allows those involved in it to make a living from it. <BR /> <BR />To date, two significant parts of the Act have commenced: taxi operator licensing, which came into force in 2012 for the first time, makes operators accountable for the operation of their business and the actions of their drivers; and the taxi-driving test and periodic training, which came into force last October, aligns the taxi industry with other professional driving industries and will help to raise standards and improve road safety.”
“The problem is, quite simply, that the legislation is not up to the task of effectively regulating taxis in the 21st century. <BR /> <BR />The Taxis Bill was therefore introduced by a previous Environment Minister, Arlene Foster, who, in doing so, quite rightly stated that single-tier licensing was a "fundamental tenet" of the Act. The merits of the Act were debated and approved by the House, without division, and Royal Assent was granted in April 2008. The aims of the Taxis Act are to raise the standard of taxi services, reduce illegal taxiing and improve compliance. Its broader objectives are to promote road safety, improve accessibility for older people and people with disabilities, and facilitate fairer competition for taxi services.”
“The issue that causes them concern is that of introducing a single-tier licensing regime in Belfast, a change that would permit all taxis, not just Belfast public hire taxis, to pick up passengers on the streets of Belfast. <BR /> <BR />All Members will agree that taxis are a vital part of our economy. Every year, they greet many of the million-plus visitors who come here. They make tens of thousands of trips to bring people to and from work or safely home after a night out. They also help some of our most vulnerable people, young and old, to travel in the way that most of us take for granted. The majority of our taxi legislation, however, dates back to the early 1980s. In fact, in Belfast, it goes back even further to by-laws introduced in the early 1950s.”
“Mr Principal Deputy Speaker, I echo the congratulations from my colleague Mr Maginness to you on your election. <BR /> <BR />I welcome the opportunity to reply to this prayer of annulment to the Taxi Licensing Regulations and Taxi Operators Licensing (Amendment) Regulations, and to put forward the strong case for modernising the taxi industry with the introduction of improvements to the taxi licensing regime across the North, thereby implementing further elements of the Taxis Act (Northern Ireland) 2008. Those Members who voted in the Environment Committee against the two sets of regulations have consistently stated that they have no significant issues with the majority of the regulations.”
“Taking account of that, I believe that it was appropriate for my predecessor to retain the status quo, rather than seek to introduce additional symbols and emblems onto our driving licence. I believe that the decision was a sensitive and sensible one, and it is one that I would not and will not change. I commend it to the House and cannot, therefore, agree with the motion proposed.”
“With reference to our constitutional arrangements, I have, I hope, explained that there are two independent driver licensing authorities within the UK. One of them decided to change the design of its licence and, out of courtesy, informed my Department. In so doing, it confirmed that it would, under contract, continue to print our driving licences to the approved design. There never was a UK-wide scheme, and there never has been a UK-wide driving licence. <BR /> <BR />With the constitution in mind, I would like to reference the Good Friday Agreement, which states:”
“The addition of a sticker does not qualify as a defacing of the document. In Mr Elliott's case, if the Member was going to put a sticker on his licence, I would suggest that he put it over the photograph.”
“With reference to our constitutional arrangements, hopefully I have explained that there are two independent driver licensing authorities within the UK.”
“Prior to the press release from DfT that came out over the Christmas period, I had received no representation from anyone on this issue. It was obviously not one that was high up.”
“The clock might yet go back to December 2012, if we stay here long enough.”
“<BR /> <BR />On Mr Allister's point in regard to section 75, the Department gave regard to its responsibilities under section 75(2) of the Northern Ireland Act to have regard to the desirability of promoting good relations. Equality should be, and is, at the core of everything that my Department does and everything we do individually and, in particular, collectively in the Assembly.”
“Do the Members opposite, who point to other European jurisdictions and their inclusion of symbols on their licences, really equate that to our circumstances here, where, for years, flags have been used as a tool by some and as a target by others to cause division in our society here in Northern Ireland? <BR /> <BR />Mr Sheehan intervened, quite usefully in my opinion, and said that people could wear a Union flag on their lapel or put a sticker on their car. What they can do is put a sticker on their licence if they really wish to do so. There is no problem whatsoever with that. <BR /> <BR />Let us get one thing clear in response to a point made by Mr Elliott. I am not, and my party is certainly not, anti-British. That was an irresponsible remark from Mr Elliott.”
“No, you certainly cannot eat a flag. Given the difficulty that people are having getting their meals on wheels delivered, that is what they might have to resort to.”
“I do not know the press statement to which the Member refers, but chronology is clearly not his strong point. Given that I assumed this role in July 2013 and that the last correspondence with or from my Department on the issue was in December 2012, I would need to have a DeLorean parked outside to have made that decision. It was a suggestion from the DfT Minister. My predecessor Alex Attwood concurred with what was a sensible position from a DfT Minister.”
“Mr Flanagan made valid points about how the inclusion of flags on some licences could lead to people being, in effect, branded, singled out and, potentially and realistically, put at risk. <BR /> <BR />Mr Easton was confused on this issue last week. Despite clarification, he still seems to be a bit in the dark. I have outlined the process that led to the situation again today.”
“<BR /> <BR />It seems that, from Lord Morrow's contribution, we can now look forward to the DUP taking this Department, or its successor, in the next mandate and ensuring that people get Union flags on their licences. It is something for their manifesto, I guess, but, given their record of delivery on manifesto pledges, I do not think that will happen any time soon.”
“I find that quite laughable, particularly having heard members of her party and the DUP over the airwaves competing in what seemed to be some kind of indignation Olympics to see who could jump up and down the hardest about this issue and who was more offended. <BR /> <BR />Ms Lo said that the Department should have consulted on the issue. There was no change in policy. I do not recall any clamour from any quarter to have Union flags put on driving licences. Lord Morrow claimed that I made the decision to cause friction. Then Mr Humphrey, no stranger to causing friction himself, could not help but invoke the ghost of the Raymond McCreesh play park. I do not know how many times it has to be said that we got that wrong. We have admitted that.”
“It refers to "our Minister". It does not name anyone. <BR /> <BR />Mr Eastwood spoke about the real issues out there and the ones that we should be focusing on in here. On a day that parties in the Chamber forced through a Budget that will result in thousands of job losses and massive pain to many people, one cannot help but wonder whether this debate is a convenient distraction. <BR /> <BR />The details around the cost of providing an option that Mrs Overend would like to have would need to be sought from DfT, but I am happy to do so and provide those details to the Member and, indeed, to the House. However, it is my belief that there is no material cost difference for printing licences with or without the flag. She said that the SDLP is joined at the hip with Sinn Féin.”
“I have also heard from a great deal of unionists — proud unionists — who feel that they do not need a flag on their licence to remind them where they are from or who they are. For Mrs Cameron to say that I took this decision days after the Stormont House Agreement is just plain inaccurate. DfT wrote to me on 23 December and subsequently released a press statement, and that was the first that my Department had heard on the issue in practically two years. <BR /> <BR />Mr McElduff in his contribution said that many people might view this debate as a waste of time, and I think that he makes a very valid point. His contribution was fair and balanced. He raised a query around the 'Derry Journal' article, and I know that one of his party trolls has been tweeting about that quite a bit. I ask the Member to read the article.”
“The decision to outsource printing was, I believe, taken by a DUP Minister of the Environment. I have finally managed to convince the Executive of the need to invest in a new IT system that should enable us to print our own licences and thereby reduce costs to our constituents. That is something that I am sure that everyone in the Chamber will welcome. <BR /> <BR />I will not dismiss all the points made by the proposer. I do know that some people feel that their Britishness has been somehow compromised by this decision, and I have heard from quite a few of them and received emails from quite a few more. I have assured them that the playing-out of this issue across the airwaves has been far from accurate.”
“Mrs Cameron did not want the debate to descend into "whataboutery" or flag point scoring. I thought that that was the whole point of the debate, to be quite frank. She said that she had noted the answers that I had previously given and the answers that I gave to questions on the issue in Question Time last week, but clearly she did not note them very closely or carefully or else she would have noted that it was not "this Minister", to which she constantly referred. <BR /> <BR />I welcome Mr McElduff's valiant defence of my officials, and, certainly, it is not and was not appropriate to make assertions and cast aspersions in the manner that Mrs Cameron did. She referred to the need to outsource the printing of our licences and the impact of that on costs.”
“The issue was considered, and a response was made to DfT in December 2012, confirming agreement with DfT's intention to continue to print NI driving licences without any change to the existing design. Given that no change was brought forward, no further consultation occurred. My Department heard no more of the UK Government's plans for GB driving licences until a letter from DfT Minister John Hayes was sent to me, dated 23 December 2014, indicating that the plans for GB licences would be announced over the Christmas period and that Northern Ireland driving licences would continue to be issued without the Union flag. <BR /> <BR />I listened very carefully to all Members who spoke during the debate, and I thank them for their contributions. I want to make some comments on some of the points raised.”
“The same approach has, I note, been taken in Britain. The flag will be applied to all GB driving licences, with no ability for individuals to opt in or opt out. I also note that that approach has not been universally well received in Britain.”
“I will see how I get on. I might let you in later, Lord Morrow.”
“DVLA, however, indicated that that would not be possible, as the costs involved in making the system and the associated changes required to offer such a choice were prohibitive. The same approach has, I note —”
“<BR /> <BR />In 2012, when the UK Government announced their intention to include the Union flag on GB driving licences, DfT Minister Mike Penning wrote to my predecessor to advise him of that. Minister Penning's letter rightly noted that driver licensing is a devolved matter and acknowledged that the Driver and Vehicle Licensing Agency of the DfT prints our driving licences under contract. Minister Penning indicated his intention that DVLA would continue to print Northern Ireland driving licences without change to the existing design. He asked for a view on that. <BR /> <BR />Further to that correspondence, officials in my Department engaged with DVLA to ascertain whether it would be possible to provide individuals with an option to include or exclude the flag.”
“There is, therefore, no such thing as a "UK driving licence", which the motion refers to, nor can there be any such thing as a "UK-wide scheme", as the proposers suggest. <BR /> <BR />Under the Road Traffic (Northern Ireland) Order 1981, my Department has responsibility for a broad range of matters relating to the licensing of vehicle drivers, including the form of the driving licence. Those provisions must be compliant with EU directive 126/2006 on driver licensing. The directive states that the EU flag must appear on all driving licences issued by EU member states. On that basis, it might be useful to summarise the interactions between the Department for Transport and my Department on the addition of the Union flag to GB licences.”
“I welcome the opportunity to reply to the debate and to provide some clarification on the addition of the Union flag to Great Britain driving licences and the role of my Department and its responsibilities for Northern Ireland — Lord Morrow — driving licences. It would have been helpful if Members from various parties here today had sought that clarification before they ran to radio stations and other media outlets to lambaste the decision, as they put it. <BR /> <BR />From the outset, it is important to clarify that Great Britain and Northern Ireland driving licences are issued by separate and independent licensing authorities. Whilst GB and NI driving licences are mutually recognised, driver licensing is a transferred matter under the Northern Ireland Act 1998.”
“This order will allow my Department to provide for the transfer of responsibility for the majority of planning decisions from central government to the new councils. It is a key step towards the reform of planning to councils. I would like to thank those who have contributed to the debate for their affirmation of the motion. We have had a good contribution from the Chair of the Committee, Ms Lo, and from the Deputy Chair, and Mr McElduff never misses an opportunity to ask about PPS 21. I can assure him that the single strategic planning policy statement is very near finalisation, and I am hopeful that it will be to his satisfaction. I thank the Committee and other Members for their support.”
“I ask the Assembly to approve the draft commencement order.”
“The Department’s publication of a ‘Protocol for Planning Committees’, highlighting what is considered to be best practice with regards to the operation of planning committees, is an example of this. <BR /> <BR />The transfer of planning powers to councils has been long awaited, and a tremendous amount of preparatory work has already been done. I commend the efforts made by councils, officials in the Department and a broad range of key stakeholders to prepare for what is the biggest change to planning in 40 years. My staff are working with the local government sector as the final preparations are being made for 1 April, but the work will not stop here. The Department will support councils after transfer and is committed to reviewing the operation of the new system under the Planning Act at regular intervals.”
“I am pleased that I have been able to provide funding to the Local Government Training Group to deliver activity on a regional basis as well as to individual councils to deliver on a more local level. <BR /> <BR />A key way to demonstrate the effectiveness and integrity of the planning system will be through monitoring performance management arrangements. The Department, in close collaboration with the councils, is developing a planning performance management framework. It is important to stress that the Department's approach to performance management, first and foremost, will be one of helping and supporting the role of councils. The Department wants to work with councils to promote good practice.”
“I would like to put on record my sincere thanks and appreciation to all those staff who are transferring to councils, both administrative and professional and technical, for all their hard work for the Department, carried out with dedication and integrity over the years. <BR /> <BR />Over the past four months, my Department has delivered an extensive capacity-building programme for elected members and council officials. To date, the feedback has been very positive. In addition, advice and guidance is being prepared on a wide variety of planning-related matters. This includes guidance on the application of the councillors' code of conduct in relation to planning matters, the operation of planning committees and practice notes on the reformed two-tier planning system.”
“Transfer arrangements for staff, planning records and IT equipment are also well under way. <BR /> <BR />The local planning office networks have also been restructured in line with the 11-council model, and new offices have been opened. Planning applications that were previously dealt with centrally in the Department’s strategic planning division have been realigned to the new council planning offices to reflect the new responsibilities. Planning managers have been appointed to each of the new councils, and all staff have now been allocated to the relevant councils. This will involve the transfer of nearly 400 staff from my Department to local government.”
“<BR /> <BR />The necessary steps are in place to ensure the required systems and structures for the successful transfer of planning functions. This includes a broad range of subordinate legislation required to bring the Planning Act fully into operation and to establish the new two-tier planning system. Capacity building, training and the development of a planning performance management framework are on track. In addition, I am pleased to advise Members that the draft strategic planning policy statement, consolidating existing planning policy into a strategic policy framework for the new two-tier planning system, will be finalised very shortly. The planning portal is being upgraded and amended to take account of the new legislative environment and councils' new planning responsibilities.”
“Part 9 of the code, which deals with the planning element, will come into effect in April 2015 and will set out what is expected of councillors in their new roles and responsibilities in relation to planning. <BR /> <BR />My Department has undertaken a broad range of capacity building with the new councils over recent months, and, to support the code, the most recent series of events has focused on ethical standards behaviour in relation to planning. These new roles and responsibilities have also meant that the working relationship protocol between councillors and local government officers has been revised and published. This provides a clear framework as to how the new councils should discharge their enhanced responsibilities in real, practical terms.”
“The Committee's amendment was to ensure that appropriate governance measures are in place when responsibility for the majority of planning decisions transfers to councils. <BR /> <BR />As Members will know, there has been significant progress made on local government reform, with a number of important milestones being met, including the Local Government Act receiving Royal Assent in May 2014 and the May 2014 elections, which led to the creation of the 11 new councils. Those are now operating in shadow form alongside the existing 26 councils. <BR /> <BR />Members will also be aware that the Local Government Act 2014 has introduced a new, modern statutory framework for political governance in the 11 councils and a new ethical standards framework, which includes a mandatory code of conduct for councillors.”
“The order will also commence Part 3 of the Planning Act for all other purposes from 1 April 2015, thus enabling the transfer of responsibility for the majority of planning decisions from central government to the new councils. <BR /> <BR />The provisions in Part 3 of the Planning Act cover a range of planning control powers, including defining "development" and setting the framework for the processing and determination of planning applications in the reformed planning system. Normally, commencement orders are not required to be laid before the Assembly. However, during the Consideration Stage of the then Planning Bill, the then Environment Committee tabled an amendment that provided that any order commencing Part 3 of the Act shall not be made unless a draft order has been laid before, and approved by a resolution of, the Assembly.”