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 am pleased to bring before the Assembly the draft Planning (2011 Act) (Commencement No.2) Order (Northern Ireland) 2015. The order will be made under section 254 of the Planning Act (Northern Ireland) 2011, which requires the order to be laid in draft and approved by a resolution of the Assembly. The order is the second in a series of commencement orders for the Planning Act. <BR /> <BR />The order will initially commence Part 3 of the Planning Act from 1 February 2015 for the purpose only of conferring powers to make regulations and orders. That will ensure that the Department has the enabling powers required to put in place the detailed proposals for subordinate legislation necessary to introduce the reforms to the planning system.”
“Mr Milne also referred to the health risks of pollution, and Mr Beggs, quite rightly, identified that coal is far from being the only causal factor. Mr Maginness saw many of Mr Wilson's points as a distraction from the paucity of his motion: smoke and mirrors, perhaps. Mr Maginness spoke of how the green new deal could and should have done so much to tackle fuel poverty. Although that great opportunity has been missed, we in the Chamber must all remain focused on tackling the scourge of fuel poverty. <BR /> <BR />In conclusion, a Cheann Comhairle, I urge Members to oppose the motion, which is not much more than an ill-timed, ill-informed and ill-judged attempt to grab headlines. I implore Members to at least wait until I have a position before asking me to reconsider it.”
“She also drew on recent published figures outlining the real damage caused to human health by airborne pollution, to which emissions from burning solid fuel certainly contribute.”
“One of the points that I did speak up on was the one that she made about the anomaly around peat briquettes and the different classifications in both jurisdictions. The Member referred to a meeting that I had with representatives from the sector. I have to say that I thought that those representatives actually left that meeting quite content with my approach to this issue. In fact, I actually undertook to share with them and other interested parties any report prior to publication. This makes Mr Wilson's motion seem even more ridiculous. While we can sympathise with much of its content, bringing the motion at this stage has been a huge mistake or, as he might put it, a faux pas. <BR /> <BR />Ms Lo spoke of existing smoke-control zones.”
“Any policy options that I actually consider will also have to address emissions from these other solid fuels. <BR /> <BR />Mr Eastwood stated the sensibility of an all-island approach to this and many other environmental initiatives. <BR /> <BR />Let me assure Mrs Overend and the House that I have spoken up on this issue with my Southern counterpart; I am sure that her colleague Mr Kennedy could vouch for that.”
“His claims about the intentions of the Southern Government actually border on paranoia. Perhaps he wants to start his own "coal war". He is right when he says that our citizens should not suffer as a result of policies drawn up in other jurisdictions. I just wish that he shared my sentiment that they should not suffer as a result of policies here either. <BR /> <BR />Mr Boylan lamented the timing of this debate and concurred with some of Mr Wilson's more sensible remarks; I did not say that they were sensible, just more sensible. It is clear that any policy development in this area needs to take account of pollution from the residential burning of all solid fuels. The report is, therefore, examining evidence relating to air pollution as a result of residential heating from all sources.”
“I do, however, have to say that some of the points he made were not dissimilar to points that I have made about the report. I understand that Mr Wilson may not be as close to politics in the South as some of us, but I should point out to him that there is now a new Environment Minister there, Alan Kelly, who may not be quite as wedded as his predecessor was, and as Mr Wilson anticipates, to this report or the policy. <BR /> <BR />It is great to hear Saint Sammy, defender of the disadvantaged — I do not know what happened to Sammy, the champion of the Tory cuts — make all these arguments on behalf of those suffering fuel poverty. There is not a word about the big business interests of those in the coal business or, indeed, the interests of Larne port in his own constituency.”
“Any recommendations that I consider worthwhile will be put forward for consultation with ministerial colleagues, Committees and key stakeholders. <BR /> <BR />I will now address some of the points raised by contributors to the debate. I will start with the proposer of the motion. Mr Wilson stated at the outset that the report is flawed. He pointed to the absence of wood and peat. It is no secret in this Chamber that Sammy would love to get rid of Pete.”
“Nor will I be doing anything that will exacerbate fuel poverty here. <BR /> <BR />It is simple. The reason I am against the motion is that it is premature. It is pure speculation and, worse than that, it is scaremongering. It is based on an assertion regarding a policy that I have not put forward and on the outcomes of a report that has not yet been completed. I have not made any decision to ban the burning of any types of fuel across the North. Maybe Mr Wilson thinks that there is no smoke without fire, but let me assure you that there is no fire here. The motion asks me to reconsider my position on the issue, but my position is, and always has been, as follows. When this research is concluded, I will consider its findings and recommendations.”
“The project commenced in February last year, and a presentation providing an update on progress with the study was made at the NSMC meeting on 8 May 2014. <BR /> <BR />At the last NSMC environment meeting, in November, the Council noted that officials are considering an interim report, which will be presented to Ministers in the near future. I have not yet seen the interim report. <BR /> <BR />I have already engaged extensively with representatives from the solid fuel industry and with other key stakeholders and Departments across the North to ensure that their views are taken on board during the research. That includes engagement with Minister Storey's Department. <BR /> <BR />Let me be absolutely clear: my being against the motion in no way disregards the very serious impacts of fuel poverty that we all see here.”
“Go raibh maith agat, a Cheann Comhairle. Comhghairdeas leat faoi do phost nua. Congratulations, Mr Speaker, on your recent elevation. <BR /> <BR />The motion has presupposed that I have decided to introduce a Northern Ireland-wide ban on smoky coal. That is not true. <BR /> <BR />Having had to answer several questions on the subject after my recent North/South Ministerial Council (NSMC) statement, and another during topical questions today, this would certainly seem to be a burning issue. <BR /> <BR />The motion has been brought before the Assembly because of my Department's engagement in a joint study with the Department of the Environment, Community and Local Government (DECLG) in Dublin. That joint study was commissioned by the NSMC in July 2013.”
“I thank the Member for that supplementary question. As Minister, the situation to which he refers caused me great alarm, as, I am sure, it caused alarm amongst parents across the land, and it is something that we can and will learn lessons from.”
“I thank the Member for his question. I know that it is an area of grave concern to the Member. It should be of huge concern to all of us. It is vital that anyone working or even being in a situation where they are with children is properly vetted so that we can have full confidence that those children will be safe. As regards the processes that NIEA or those charged with running the country parks — perhaps it is councils — on other occasions have for that vetting, I am not entirely sure. However, I am sure that, at the very least, it requires an Access NI and PSNI check. I will be happy to get back to the Member in writing with full details.”
“<BR /> <BR />I referred to the positivity at the event that we attended last week. There is a recognition or acceptance among the NGOs that they need to work together, but I was very much appealing to them to work together with us as a Department. We have to be a lot more imaginative and creative about how we use the ever-reducing resources that we have to achieve the best environmental outcomes.”
“I thank Ms Lo for that question. I wish I had an answer. Obviously, the Budget creates huge difficulties. While I lament the fact that DOE has been hit harder than any other Department, every Minister will be in a similar position. It is not a nice place to be. However, we are not only at risk of losing 500 posts in the Department. I referred earlier to the grants that support NGOs and other environmental groups that do hugely valuable work that helps us, as a Government and as a place, to meet our Programme for Government targets and targets coming from Europe in terms of environmental performance. There will be an inevitable impact on employment in those groups and their ability to employ professional, technical and scientific staff as well. The 500 posts that we are talking about are really just the tip of the iceberg.”
“There is at least a recognition across those organisations that they will need to change the way in which they do their good work as a result of the Department's inevitable inability to fund them as much as we have in the past.”
“I thank Ms Lo, the Chairperson of the Environment Committee, for that question, which I thought might never come. <BR /> <BR />Under the final Budget for 2015-16, the Department's non-ring-fenced resource DEL budget was reduced by 10·7% — the highest percentage reduction of any Department. This will have a massive impact on the Department's ability to deliver services. I have answered earlier questions about the impact of that on grants to councils, particularly the rate support grant. However, the Department gives out a lot more grants than that, and Ms Lo will be well aware of many of the good organisations in receipt of those grants. <BR /> <BR />I was very heartened last week to attend an event at the invitation of Ms Lo that comprised many of the environmental NGOs.”
“I assure the Member that the councils have been very closely involved in this process, as he knows they have been throughout the whole process of reform. Sometimes they would like more involvement; sometimes they do not become as involved as we might like them to be. My definition of "sooner" is as soon as possible. I do not have an exact timeline with me today, although I recognise the need for speed on the issue. However, greater than the need for speed is the need for accuracy.”
“It is worth bearing it in mind that this rates relief, in effect, that was secured by Alex Attwood from the Executive will benefit the ratepayer, and it is the ratepayer who will see the savings — sorry, will not see the increase — rather than it lining the coffers of the council.”
“I thank the Member for that question. As a long-serving member of the Environment Committee, he will be aware of the good work done by my predecessor in that regard, in that he was able to go to the Executive, make the argument and acquire the funding to assist some of the new councils with the rates convergence issues. In fact, £30 million will be distributed over a period of three or four years to the councils most affected by amalgamation. Work is still ongoing. It is a complex issue, and there are quite a lot of formulae to be looked at. However, it is vital that that work is brought to a conclusion sooner rather than later, particularly as councils try to strike their rate for next year.”
“We are going into a period of huge change, and it is vital that councils do not feel that we are just giving them x, y and z and casting them adrift and that we maintain close working relationships and are able to provide them with the support — not necessarily always financial support — to deal with and work the new functions that they acquire.”
“I thank the Member for his supplementary question. I did not have to seek those views, that is for sure. The local government sector is certainly not backward about coming forward with its concerns on a range of issues. In my earlier answer, I alluded to the fact that there were some functions that councils were particularly concerned about. I know that the Off-street Parking (Functions of District Councils) Bill is working its way through the House, and that has, rightly or wrongly, started some alarm bells ringing across council areas, in some more than others. I have done my utmost, as have my officials, to assure the councils that they are getting a fair deal. It is only natural that concerns exist.”
“Unfortunately, I cannot say the same about some of the other functions that are transferring. I know that some of the new councils have raised doubts about some of the functions that will transfer to them and the potential cost implications. However, that had all been worked out, and numerous studies, reports and surveys have been done in conjunction with local government. It is still incumbent on us to ensure that whatever is transferred is fit for purpose and does not become an albatross around the neck of any of the new councils.”
“I thank Mr Lynch for that question. Creating efficiencies has long been at the heart of local government reform for not just the councils but their ratepayers. Since taking office, I have stated, as did my predecessor before I took office, that any functions that transfer to local government should do so on the basis of being cost-neutral to the ratepayer. As Minister of the Environment, I have certainly honoured my agreement that what is transferring should do so on a cost-neutral basis by ring-fencing the budget associated with the function of planning . <BR /> <BR />In fact, it is my firm belief that, when it comes to planning, local government is getting a good deal, although it would probably dispute that; indeed, it would undoubtedly dispute it.”
“Let me assure the Member that I am not satisfied that there had to be redundancies of any nature. Let me also assure her that, on this occasion and in this instance, there will not be any requirement for involuntary redundancies on the back of the erroneous decision taken in Whitehall to move the jobs — largely in Coleraine — to Swansea.”
“I thank Ms Sugden for that question. As I said, there has been quite a degree of interest in the voluntary exit scheme that we were able to establish, with the agreement of the Executive, to assist those, primarily in the Member's constituency, who were affected by the centralisation of the DVA jobs. I think that in the region of 500 people have expressed an interest in the exit scheme, and their requests or expressions of interests are being processed. That is the only level of detail I have, I am afraid.”
“However, there may be circumstances where a proposed development raises issues of such regional importance or strategic interest that the application should be called in for the Department to, in effect, take over the role of decision-maker.”
“Ba mhaith liom buíochas a ghabháil leis an Uasal Bradley as an cheist sin. I thank Mr Bradley for that interesting and pertinent question. Under the planning reform programme, councils will be the planning authorities in their respective council areas, responsible for determining the vast majority of planning applications. Section 29 of the Planning Act 2011 allows the Department to direct that certain planning applications be referred to it instead of being dealt with by the council. <BR /> <BR />In recognising and respecting the important role of councils in making decisions on the future development of their areas, the Department only envisages that power being exercised in exceptional circumstances. It is not my role, and it is certainly not my intention, to micromanage district council decision-making on planning applications.”
“<BR /> <BR />My Department has taken steps to ensure that the necessary systems and structures are in place for the successful transfer of planning functions. <BR /> <BR />Whilst the programme is on track, there is still work to be done. My staff are working closely with the local government sector to ensure that all transitional arrangements are in place and that the necessary practical issues, relating to matters such as accommodation, IT and communications, are addressed. <BR /> <BR />I am confident that the reforms introduced over the past year, together with the changes in the coming months, will ensure that a fast, fair and fit-for-purpose planning system transfers in a couple of months' time.”
“<BR /> <BR />Over the past four months, my Department has been delivering an extensive capacity-building programme for local government. It has included training sessions, covering an "Overview of the Planning System", "Development Plans and Working with the Community", "Practical Planning" and "Propriety and Outcomes". In addition to the local government programme, an ongoing capacity-building programme is being delivered for planning staff. <BR /> <BR />In addition to the structured capacity-building programme, advice and guidance is being finalised on a wide variety of planning-related matters. This includes guidance on the planning element of the councillors’ code of conduct, the operation of planning committees and practice notes on the operation of the reformed two-tier system.”
“My programme for the transfer of planning powers to local government is on track for completion on 1 April this year. Preparations for transfer have involved a major programme of work, which is well advanced. It includes a broad range of subordinate legislation required to bring the 2011 Planning Act fully into operation and to establish the new two-tier planning system. Public consultation on that legislation was taken forward in two stages, and the final stage closed on 31 December 2014. My officials are considering the responses. <BR /> <BR />The necessary policy framework is also being introduced. Work to finalise the new strategic planning policy statement is now at a very advanced stage, and I intend to bring it to the Executive shortly.”
“That is why I think it is important that the Finance Minister is also able to be in attendance, albeit that the consultation on the Budget has now closed. It is very important that he hears, at first hand, the concerns of local government and the impact that those cuts will have on the most vulnerable people.”
“The Member's question alludes almost directly to the impact of the Budget that was revealed to the House yesterday via the Minister of Finance and Personnel's statement on the rates support grant, which goes to and supports less well off councils. It allows councils with a poorer rates base to deliver the same quality, or at least a similar quality, of services as their wealthier counterparts. The fact is that, owing to the budget that my Department has received, the rates support grant will become a thing of the past. That is something that causes me huge frustration and causes those councils great distress. It will cause their ratepayers and citizens great hardship. It is not a satisfactory situation at all. The issue was raised with me on numerous occasions at the inaugural meeting of the partnership panel.”
“The amount of room will depend on how many Ministers turn up. <BR /> <BR />I do not think that the partnership panel is the correct forum for such bodies. However, I am sure that they would be more than welcome around the tables in the various new councils and their new community planning regime. Their input would be most valued in that respect. The partnership panel was created to provide a political level at which discourse can happen between local government and central government vis-à-vis the Executive Ministers. That is very important. I hope that it is very fruitful and that the people living out there in all our council areas see the fruits of it before too long.”
“I want to make sure that I can have in attendance the Finance Minister in particular, given that it would be better if a lot of the questions being asked by the partnership panel were answered by him rather than me.”
“It is vital that all Ministers engage. Quite a few Ministers turned up to the inaugural meeting of the partnership. I am cognisant of the fact that Ministers, including and not apart from me, have pretty busy diaries, but local government representatives want to see the Ministers. As the partnership grows legs and has further meetings into the future, I can see Ministers attending, or being required to attend, depending on what is on the agenda for the meeting and how relevant it is to them or their Department. <BR /> <BR />I was heartened by the input of those Ministers who came to the first meeting. It is vital that we have additional Ministers at our next meeting. That is why I have not yet set a precise date for it.”
“My aim is that the work of the partnership panel will complement and support that process in the coming months. <BR /> <BR />Subject to a meeting with the Finance Minister, I want to hold the next meeting of the partnership panel in February. Besides having a more substantive conversation on strategic business for the work plan, I will be seeking input from Executive Ministers and local government members to the next agenda.”
“There is a general consensus that the work of the partnership panel is to develop joined-up solutions, capitalise on opportunities and, ultimately, improve the delivery of local services. As chair, I feel that joint policy development and better operational collaboration will help us strategically tackle the issues that really matter to local people. <BR /> <BR />The appointment of the panel is timely, as, with only weeks remaining to their assumption of powers on 1 April, the new councils will be taking on bigger challenges, with the transfer of planning, local economic development, local tourism and the introduction of new community planning powers. Bringing that family of powers together within councils is significant and will enable local government to adopt a more comprehensive approach to dealing with local needs and priorities.”
“Following Executive approval in late October to establish the partnership panel, the first meeting took place on 2 December and focused on a number of issues, including a stocktake on the local government reform programme, the budget situation for local government, agreement on the terms of reference and standing orders, an initial discussion on plans for developing a joint central government and local government work plan, as well as supporting arrangements for the panel. <BR /> <BR />It is my sense, from the inaugural meeting, that members recognise the potential for a strong working partnership between Executive Ministers, councillors from the 11 new councils and NILGA’s office bearers, as local government’s representative body.”
“I will come onto that in more detail in the Assembly later on.”
“I thank Mr Beggs for that question. The subject that he raises will be the subject of a debate in the Assembly later today. In response to a media query this morning, I said that Sammy Wilson, who is bringing the debate to the House, is jumping the gun a bit. Mr Beggs is jumping the gun even further but the point that he raises is fair enough. <BR /> <BR />It is vital that a balance is struck, or at least sought, between conservation requirements and commercial and domestic realities. What do people actually need to do? The evidence is that solid fuel, to which the Member referred, has a detrimental impact, not only on our environment but on human health. The all-island study of the impact of smoky coal that he referred to has not even been published yet, let alone that I have had time to consider its recommendations.”
“We are working with other Departments to measure the performance of the adaptation programme and to obtain more local information and data to develop the next adaptation programme in 2019.”
“It is important that we build resilience and maximise the benefits of our changing climate. My Department published a Northern Ireland climate change adaptation programme last January. The programme presents a proportionate and flexible response to the impacts of climate change here and it focuses on new and existing policies within government under the primary areas of water, flooding, agriculture and forestry and natural environment. The adaptation programme will help Departments to become more aware of and more resilient to climate change impacts in the future. <BR /> <BR />My Department is continuing to take the lead in ensuring that we continue to adapt and be better prepared for future changes in our climate and the extreme weather events associated with them.”
“While I have been able to provide some assistance with emergency flood payments, I would rather not have to do that. We would rather avoid the flooding in the first place.”
“I thank Mr Brady for that question. I am well aware of the incidents of late in Newry and the difficulty that has caused for people living and working in that area.”
“<BR /> <BR />I believe that having our own climate change legislation would provide greater clarity and the long-term certainty that business and industry need, creating the environment to drive and encourage innovation, to effectively plan and invest in the technology needed and to generate employment as we make the transition towards a low-carbon economy and, in doing so, deliver a better environment and a stronger economy.”
“As I said in my answer and as I have constantly and consistently said, my vision is for a better environment and a stronger economy. Given the dynamics of today's global economy, the threat of climate change should be viewed not just as an environmental challenge but as an economic opportunity. The low-carbon market for environmental goods and services is vast and is growing fast. Globally, it is estimated to be worth £4 trillion. Businesses and organisations that do and can recognise that opportunity will create social, economic and environmental prosperity for all our people.”
“I have also published the North's first climate change adaptation programme, which sets out measures to address the highest-priority risks from climate change. <BR /> <BR />Whilst all this progress is welcome, I recognise that further work on climate change remains if we are to achieve my vision of a better environment and a stronger economy. I firmly believe that legislation can play a significant part in delivering that vision, and that is why I continue to look at how best to progress a climate change Bill.”
“This includes key actions from my Department, such as continuing to develop and implement the EU emissions trading scheme and the carbon reduction commitment, which aim to significantly reduce greenhouse gas emissions from the organisations that use most energy; introducing waste policies and strategies and providing support to local authorities to help to achieve much higher recycling rates, which will reduce emissions from landfill sites; changes to planning policy to ensure that planning decisions take account of climate change impacts before any development is approved; and the use of voluntary prosperity agreements with strategic organisations that explore novel ways to work together to deliver economic and environmental benefits.”
“I am fully committed to working across government and with all sectors of our society to agree on measures that can help to address current and future climate change. I chair the cross-departmental working group on climate change, which is responsible for developing and implementing the wide range of policies and measures that each Department has committed to in our action plan to reduce greenhouse gas emissions.”