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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“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 the driving licence. I believe that the decision was a sensitive and a sensible one.”
“I thank the Member for his question. Equality should be at the core not just of everything that my Department does but of everything that we do individually and, in particular, collectively as an Assembly. The Good Friday Agreement states:”
“With the Executive's agreement, we were able to set up a voluntary exit scheme confined to the north-west to assist those who had lost their job as a result of the centralisation. The uptake of that has been huge, with over 500 people across the Civil Service expressing an interest in trying to get out, if you like, depending on what is on the table. That is being looked at by DFP.”
“I thank the Member for his pertinent and relevant question, which is relevant to me and to people outside here. The issue of the DVLA assuming responsibility for the delivery of vehicle licensing services is well documented and rehearsed in the Chamber. However, we all know that over 300 jobs were lost, and here we are talking about flags. In conjunction with the Finance Minister, I might add, we asked all Departments to explore their ability to find jobs for those affected. Unfortunately, no jobs were found by any Department, with the exception of 100 temporary jobs from DSD that have now passed. I was able to find work in my Department for 120 of those people, but I am sorry to say that that was it.”
“That was, I might add, much to the ire of Scottish and Welsh nationalists, who would rather not have the Union flag on their licences. I know that it is the subject of an early day motion in the House of Commons from Plaid Cymru.”
“I thank Mrs Overend for her supplementary question. As I outlined in my initial answer, that case was made to DfT by DOE officials. They proactively sought an opt-out or opt-in option, but the option option was not an option and is not an option in GB either.”
“I thank the Member for her supplementary question. As no changes were made to the current driving licence, there was no need to issue a public consultation. I am not sure when the DUP became champions of consultation; I am not sure how much regard it pays to consultation. I could not help hearing a news item on the radio this morning about flags again — surprise, surprise — in Craigavon Borough Council, where a consultation was held. The response to that consultation overwhelmingly stated that no flag should be flown, but that was completely ignored. So I do not know whether the DUP favours consultation or not”
“There has been a lot of lecturing of late in the Chamber and outside it on the need for political maturity. I ask this: where is the political maturity here and where is the immaturity?”
“— we are here talking and arguing about flags.”
“There will be sheer disbelief that, a day after hearing about a Budget that will result in thousands of job losses and massive cuts to public spending and having heard this morning about our most vulnerable pensioners having to rely on a fortnight's worth of frozen meals —”
“Thanks, I think, to Mr Easton for that supplementary. I am not sure how much of a supplementary it is or whether the question was written before my previous answer. I thought I outlined quite clearly that this was not a decision taken by me. I did not consult Executive colleagues: driver licensing is a transferred matter for which the Department of the Environment is responsible. Since no change of policy was proposed and the matter was not and is not cross-cutting, no consultation with ministerial colleagues was necessary. I am not ducking and diving at all on this matter. <BR /> <BR />I know that the vast majority of the public will look on this today as they will have been when they were listening to the radio a couple of weeks ago when this story broke.”
“I apologise for not pointing that out at the start, Mr Deputy Speaker. I have combined two questions and two answers, so extra time is much appreciated and required. <BR /> <BR />A letter from Transport Minister John Hayes to me, dated 23 December 2014, indicated that the plans for the GB licences would be announced over the Christmas period and that Northern Ireland driving licences would continue to be issued without the Union flag.”
“DVLA, however, indicated that that would not be possible, as the costs involved in making the system and associated changes required to offer such a choice were prohibitive. 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. <BR /> <BR />Having considered the issue, the response to DfT, in December 2012, confirmed 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. <BR /> <BR />My Department heard no more of the UK Government's plans for GB driving licences until a letter from Transport Minister John Hayes to me, dated 23 December 2014 —”
“In 2012, when the UK Government announced their intention to include the Union flag on Great Britain driving licences, Transport Minister Mike Penning wrote to my predecessor to advise him of that intention. Minister Penning's letter noted that driver licensing is a devolved matter but that DVLA 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 choose whether to include or exclude the flag.”
“With your permission, Mr Deputy Speaker, I will combine my answers to questions 1 and 4. <BR /> <BR />Driver licensing is a transferred matter under the Northern Ireland Act 1998. 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.”
“I thank the Chair and vice-chair of the Environment Committee for their contributions and their support and the fact that neither of them asked me any questions about the regulations. The regulations will allow my Department to transpose the relevant parts of article 14 of the energy efficiency directive. I thank Members and the Committee for their support.”
“<BR /> <BR />Regulators are required to put conditions in permits ensuring that, in cases where the cost benefit is positive, the installations are operated in the manner shown to be cost beneficial. My Department has worked closely with the Department for Environment, Food and Rural Affairs (DEFRA) and the other devolved Administrations to ensure that the requirements are implemented in a consistent manner across the UK. It is estimated that it will affect only 22 installations over the next 10 years in Northern Ireland. Installations that have only small amounts of waste heat or where the heat links are not economical because of the distances involved are exempted from having to undertake a cost-benefit analysis. I ask the Assembly to approve the draft regulations.”
“<BR /> <BR />The directive requirements are as follows: new or substantially refurbished thermal electricity generation installations with a total thermal input exceeding 20 megawatts will be required to undertake a cost-benefit analysis in order to assess the feasibility of operating a high-efficiency cogeneration installation; new or refurbished industrial installations with a total thermal input exceeding 20 megawatts generating waste heat at a useful temperature level must undertake a cost-benefit analysis in order to assess the feasibility of utilising the waste heat to satisfy economically justified demand, including through cogeneration, and of the connection of that installation to a district heating and cooling network; and new or substantially refurbished energy production installations with a total thermal input exceeding 20 megawatts in district heating and cooling networks must also carry out a cost-benefit analysis in order to assess the cost and benefits of utilising the waste heat from nearby industrial installations.”
“I seek the Assembly’s approval for the draft regulations, which transpose paragraphs 5 to 9 of article 14 of the energy efficiency directive. The energy efficiency directive was adopted on 25 October 2012 and updates the EU’s legal framework for energy efficiency, pursuing the target of saving 20% of the EU’s primary energy consumption by 2020 and making further energy efficiency improvements after 2020. Although DETI is transposing most of the directive, I agreed that my Department would take forward the transposition of article 14 paragraphs 5 to 9, as my Department already regulates most of the affected installations.”
“I am not in a position to say whether that waste all came from one plant or whether it came from multiple plants. However, it is often the case that sludge is found separate from any plant. As the Member describes, it is a collection service; like someone leaving a bin out on the side of the road that we, in the NIEA, have to collect at a huge cost.”
“Yes, that is how it seems. The find in south Armagh to which the Member refers was inordinately huge compared with recent finds, which were also extremely expensive to clean up but paled in comparison with this one.”
“I thank the Member for his question. As far as I am aware, the public purse always bears the cost for the disposal of this waste.”
“I thank the Member for that question. I think that he deliberately waited until the Minister of Justice came in before he asked me that. I have outlined my concerns as Environment Minister, primarily the cost of this crime to the environment. Persistent offenders are causing this damage to the environment and this cost to the public purse of clean up. <BR /> <BR />I have, on more than one occasion, made representation to my right honourable friend here, the Minister of Justice, on the issue, and my counterpart in the Republic has raised it with the guards. There needs to be more cross-departmental and cross-border work on the issue.”
“Hopefully, there will be just one answer as well. I assure Mr Wilson that I am well aware of the concerns that he outlined in his speech. I outlined in an earlier answer to Mr McElduff and Mrs Overend the concerns that I have about the content of the report and how that has been presented to date. Whether that is amended between now and the final report remains to be seen. However, again, let me reassure Mr Wilson and everyone in the House that I am fully aware of the issues that he referred to.”
“<BR /> <BR />The funding programmes that provide opportunities to support environmental outcomes that the Department is engaging with are INTERREG Va, the Atlantic Area transnational cooperation programme, the Northern Periphery and Arctic cooperation programme, the rural development programme, LIFE integrated projects, LIFE traditional projects and Horizon 2020. Collectively, these projects could deliver up to €80 million in direct funding of environmental measures and up to a further €200 million through indirect environmental outcomes, especially from agri-environment measures.”
“I opened the most recent of the workshops in Magee a couple of weeks ago, specifically to facilitate engagement with local and cross-border stakeholders in the north-west. The team has also provided briefings to individual stakeholders and small groups on the available funding streams. <BR /> <BR />In relation to the drawdown of funding by the Department itself, my officials proactively engage with fund coordinators at local, regional and national level to secure funding from the 2014-2020 funds to deliver a range of environmental outcomes. These outcomes relate directly to targets that will be embedded in the new Northern Ireland biodiversity strategy and the appropriate management of habitats and the freshwater and marine environments.”
“I thank Mr Maginness for that question. In recent years, my Department has shown its strong commitment to increasing engagement with Europe through the establishment of a small dedicated EU team in our environmental policy division. Part of the role of the EU team is to support and encourage the drawdown of European funding related to environmental objectives. To date, the team has provided support to a range of projects, working with partners in local and central government, the not-for-profit sector, the business sector and the research sector. <BR /> <BR />In relation to the largest EU funding stream — Horizon 2020, which I mentioned quite a bit in my statement — the EU team has held three information workshops for stakeholders.”
“I thank the Member for his question. Obviously, the scheme in Ireland is still under development. It has not been finalised yet, so I am reluctant to go into full details. However, a key element will be producer responsibility. I would very much like to replicate that in legislation up here so that you have a way to track tyres from manufacture to disposal. I believe that that would be a powerful weapon in tackling the issue of waste tyres and their mishandling, which has been raised by Members from every party in the Chamber over the past number of months.”
“I thank the Member for his question. I assure him that such regret, frustration and anger was expressed at that meeting by me, Minister Kennedy and, obviously, Minister Kelly. I was there in my capacity as Environment Minister. I very much regret the cost not just to my Department but to the environment. Over the past two years, the NIEA spent £900,000 on cleaning up after fuel launderers. That does not go anywhere in trying to calculate how much money these people are ripping off the Exchequer and undercutting and undermining legitimate businesses. The Government in the South have similar difficulties. It would clearly be in our interest, therefore, to apprehend and arrest those responsible and to stop them doing what they are doing.”
“<BR /> <BR />I have received a letter from the Minister for Social Development on fuel poverty and the potential impact of any ban on smoky coal on fuel poverty. I will happily meet the Minister to discuss that further.”
“I thank the Member for her question. As I outlined in my answer to Mr McElduff, I have difficulty accepting other issues flagged up in the report, although they are maybe more stylistic issues than substantive ones. <BR /> <BR />Obviously, I am extremely aware of the problem that fuel poverty is here in the North for so many of our citizens. I lament the fact that it is more of a problem here than it is anywhere else on these islands. That is largely attributable to the fact that we do not have one single Department responsible for tackling it; someone deals with energy, I deal with the environmental impacts of energy, and DSD deals with poverty and fuel poverty. That makes it very difficult to have a joined-up approach, and it is why we have singularly failed to address fuel poverty here.”
“I thank the Member for that question. The research programme to which Mr Eastwood refers is being funded by the Environmental Protection Agency; the Department of Communications, Energy and Natural Resources; and the Northern Ireland Environment Agency under my Department. It is scheduled to run for 24 months, after which it will report its findings, which is likely to be in the latter half of 2016. The two-year research programme will further the understanding of the potential impacts on the environment and on human health from unconventional gas exploration and extraction — or fracking — projects and operations, including construction, operation and aftercare.”
“<BR /> <BR />I have already engaged with representatives of the coal industry — and I will do so again today, as chance would have it — and port and harbour commissioners across the North, who depend very heavily on the export and import of coal.”
“I thank Mr McElduff for that question. I assure him that, before anything is implemented, I will be in full consultation with anyone and everyone with an interest in whatever it might be that is going to be implemented. However, we are years away from the implementation of any recommendations in this report. We have not yet even seen the final report. <BR /> <BR />At the meeting, I raised some concerns I had around differences between how data is measured in the North and the South; there are already some inconsistencies in the report. That is not to ignore the fact that there is a problem with airborne pollution on the island. It was highlighted in the media last week as well, with some asthma and other respiratory condition support organisations calling for a ban on smoky coal.”
“A huge cost is attached to the repatriation of waste as well. That has been compounded somewhat by the fact that, I think, the only landfill site to which the Irish Government can currently repatriate that waste is in Dublin. There are huge transport costs associated with that.”
“I thank the Member for the question. He is quite right: although there has been progress, and that should be welcomed, it has not been as quick as some of us might like it to be. <BR /> <BR />We have now cleared 10 of the 17 sites that had been identified. The majority of sites have therefore been cleared. However, the majority of waste remains. Most recently, a site was cleared just last month. The next site will be cleared early next year. That will leave six sites remaining, but those six sites represent almost two thirds of the volume of waste that was illegally dumped here. We continue to work closely with the Government in Ireland on the matter. It is something that they are addressing, albeit not as quickly as we would like. It is something that we are keen to assist them with.”
“I thank Ms Lo, Chairperson of the Committee for the Environment, for her question. The Co-operation Ireland study is primarily a baseline analysis of waste management data and policy in both jurisdictions. The analysis has identified opportunities — as Ms Lo has pointed out do exist — for central and local government cooperation on regulation of priority waste streams, approaches to waste prevention, managing waste as a resource, reconciliation of data sets, and cross-border movements and disposal of waste. It is quite a comprehensive piece of work. I believe that it highlights and identifies a number of opportunities for enhanced collaboration going forward.”
“<BR /> <BR />The Council noted that the Environmental Protection Agency (EPA) held its 2014 national information day, titled "Horizon 2020 Societal Challenge 5", on 2 October and that it published its research strategy for 2014-2020, with the evaluation of the first call for proposals under way. The Council welcomed the fact that the NIEA and DECLG are exploring the possibility of a joint Life programme workshop in 2015. We also welcomed the continued collaboration between the EPA and the NIEA to identify emerging research needs and strategic planning of research funding programmes, with European funding remaining a high priority for joint actions. <BR /> <BR />The Council agreed to hold the next environment sector meeting next spring.”
“<BR /> <BR />We welcomed the collaborative work on development of the river trusts, including the cross-border River Blackwater trust and the Erne Rivers Trust, as well as the revised WFD governance arrangements put in place in Ireland. <BR /> <BR />Ministers also welcomed the continued coordination on the clean coast and coast care schemes and the cooperation on the development of programmes of measures for the marine strategy framework directive. <BR /> <BR />Ministers noted that the contract for the all-island research project into the environmental impacts of unconventional gas exploration and extraction — fracking — has been awarded.”
“Ministers noted that the study is due to commence its second and final phase before the end of the year and is expected to be completed in the first half of 2015. A final report will be presented to a future NSMC environment meeting. <BR /> <BR />The Council noted the continuing collaboration on the second-cycle river basin management plans (RBMPs) under the EU water framework directive (WFD). Ministers welcomed the publication in Northern Ireland of the synopsis of responses to the consultation on significant water management issues reports and the publication in Ireland of the consultation document on the timetable and work programme for the development of the second-cycle RBMPs.”
“The project, which is now at grant preparation stage, aims to establish a training network for specialists dealing with the remediation of contaminated land. <BR /> <BR />Ministers also welcomed that collaboration will continue to maximise drawdown of EU funding and encouraged officials to seek new opportunities for potential projects that can attract EU funding. <BR /> <BR />Ministers noted that the contract for the all-island air quality research study into airborne pollution from the combustion of residential solid fuels, in particular smoky coal, was awarded in February 2014. The Council noted that officials are considering an interim report, which will be presented to Ministers in the near future.”
“<BR /> <BR />Ministers noted the ongoing opportunities for cooperation on EU funding, including Horizon 2020, the LIFE Programme and INTERREG V. Those opportunities also involve transnational and interregional programmes, including a joint €72 million INTERREG VA bid that is being pursued covering the terrestrial, freshwater and marine environments. The Council noted that a Horizon 2020 workshop related to climate change, environment, resource efficiency and raw materials was to be held in Derry on 20 November 2014, which would bring together parties from both jurisdictions to encourage and support those who may decide to enter into a joint project. <BR /> <BR />Ministers welcomed the recent announcement confirming the success of a Horizon 2020 cross-border project worth €3·5 million.”
“Ministers also noted that Dublin City Council has established a framework agreement for the disposal of repatriated waste and has completed a public procurement process for the haulage of excavated waste to authorised facilities. It was reported that resources continue to be targeted into joint enforcement action against illegal operators, including carrying out coordinated inspections and exchanging intelligence and information on problem areas. <BR /> <BR />Ministers discussed the negative impact of fuel smuggling on the environment. They commended the action of agencies on both sides of the border, with the recent finds of an illegal fuel plant in County Monaghan and a large amount of toxic waste in south Armagh.”
“<BR /> <BR />Ministers noted the intention to make legislation in Northern Ireland before the end of the year to ban separately collected food waste being dumped in landfill and on the regulations that the Irish Government recently introduced on the traceability of waste to counter the trade in stolen metal. <BR /> <BR />The Ministers welcomed the ongoing work on the development of a new used tyre scheme in Ireland, which may inform the development of a complementary scheme here in the North. <BR /> <BR />The Council noted that the Northern Ireland Environment Agency (NIEA) has in place a programme of work for 2014-15 that was agreed with the Department of the Environment, Community and Local Government and Dublin City Council. The first of those repatriation sites was commenced in August and completed in November.”
“This will impact favourably on the economy, help to promote and support green jobs, protect the environment and conserve resources. <BR /> <BR />The Council noted the proposed package of legislative measures that the Department of the Environment, Community and Local Government (DECLG) is preparing on household waste collection. It also noted the publication of Ireland’s latest national waste prevention programme, Towards a Resource Efficient Ireland; the final report on the review of the producer responsibility initiative (PRI) system in Ireland; and the national hazardous waste management plan for Ireland.”
“<BR /> <BR />Ministers also welcomed the publication of the Northern Ireland waste prevention programme 'The Road to Zero Waste' on 30 September 2014, which focused on using materials more efficiently and not sending waste to landfill or other disposal.”
“With your permission, Mr Deputy Speaker, in compliance with section 52 of the Northern Ireland Act 1998, I wish to make the following statement on the nineteenth meeting of the North/South Ministerial Council (NSMC) in environment sectoral format, which was held in Armagh on Thursday 13 November 2014. The statement has been agreed with Minister Kennedy. <BR /> <BR />Danny Kennedy MLA, Minister for Regional Development, and I represented the Northern Ireland Executive at the meeting. The Irish Government were represented by Alan Kelly TD, Minister for the Environment, Community and Local Government, who chaired the meeting. <BR /> <BR />Ministers welcomed the presentation from Co-Operation Ireland in relation to its recent scoping study outlining the opportunities for greater North/South cooperation in the area of waste management.”
“I thank the Member for that supplementary question. I can assure him and the House that the farming community is not being singled out. Anyone who handles waste tyres will be subject to the same type of scrutiny and investigation. <BR /> <BR />The rationale behind paying that licence fee is actually to attach a value to those tyres because, all too often, tyres that are being used on farms are the very ones that end up on bonfires. I know that this is an issue that the Member has raised previously. Unfortunately, he was not able to be here on the day that there was an Adjournment debate on this subject. I know that that was through no fault of his own. I would happily meet him to discuss it in the future.”
“I thank the Member for his question. I am unaware of the specifics of the case and therefore cannot comment on them. However, issues have been brought to my attention in the past around how officials, particularly NIEA officials, conduct their work, and, as such, I have ordered a root-and-branch review of the agency. I want to make it more customer-friendly and customer-focused. Certainly, the behaviour described by Mr McMullan does not give the impression of an organisation that is either of those things.”
“The causes of many of the fatal collisions remain speed, drink and drugs and a lack of attention. Basically, it is human error, and that is why it is extremely important that we continue to reinforce our messages to the public.”