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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“Absolutely. I give the Member and the House an assurance that I will use my office to do just that. I remind him and all other Members of their responsibility to use their office and any opportunity that they have to reinforce road safety messages as well. <BR /> <BR />The Member quite rightly outlined the fact that, although we are talking about statistics, we are talking about people. Each fatality on our road represents a life lost and a family devastated. I believe that we all have a responsibility to reduce that number or to eradicate it. My Department has a campaign called "Road to Zero". We would love to get to a position in which we had zero road deaths every year. That may sound beyond our ability, but it should not be beyond our ambition.”
“It is strange because there has been no increase in serious injuries or collisions on the roads. However, that shows just what a fine line there is between survival and death on our roads. <BR /> <BR />I assure the Member and, indeed, the House that I remain extremely committed, if not more committed than ever, to ensuring safety on our roads. Next year, I will have less money to do that. However, I think that necessity can sometimes be the mother of invention. I will have to look again at how we work with our road safety partners to get the message out there. I chaired a meeting of the ministerial working group on road safety yesterday that was attended by Minister Ford and Minister Kennedy, and I am assured of their support. Indeed, I am sure that I have the support of all Members.”
“I thank Mr Givan for that question. He quite rightly identifies the fact that this year has been a particularly bad one for fatalities on our roads in comparison with the previous two years. However, we must bear in mind that the previous two years had the lowest figures on record for fatalities, and we should look at the general trend to see how much we have improved our road safety and reduced the number of fatalities on our roads over the years due to continued education, improved engineering and the stricter enforcement of laws pertaining to road safety. <BR /> <BR />However, I think that it is important that we do not rest on our laurels. I assure the Member that that is not what has been happening or why we have seen the drop back this year and this sad and sudden increase in road deaths.”
“Clearly, this project has potential social and health benefits, as it involves the provision of modern supported housing facilities. The applicants and their many supporters clearly articulated that at the meeting that we held. There may indeed be benefits in maintaining supported housing at this location. That is something that I heard loud and clear from those who avail themselves of the supported housing. However, the issue for planning is to assess whether it is feasible to accommodate the supported housing needs at this location whilst seeking to retain the built heritage. I believe that a balance can be struck and I am determined to strike it.”
“It was agreed that, in parallel, officials would engage with the applicants' architect on design issues. Amended plans have been submitted as of 21 October, accompanied by further information. A further meeting between my officials and the applicants will be arranged and held before the Department presents an opinion to Belfast City Council for statutory consultation. I hope to get that done soon.”
“I thank Mr Maginness for that question. I previously met with the Member on this application. The meeting was attended by Mr Maginness, other community representatives and, quite tellingly, service users. I was most impressed by what they had to say. The planning application remains under consideration. It seeks to replace existing specialist supported housing at Brookhill with new facilities. There are three detached buildings that may be affected. While those are unlisted, they are in an area of townscape character. <BR /> <BR />I am aware of the background to the application. As I said, I met Mr Maginness and the applicants' advisers and supporters. At the meeting, it was agreed that evidence should be submitted to show that all other options, including avoiding demolition of the buildings, have been considered.”
“I thank Mr McGlone for that supplementary question. As mentioned, if an applicant wishes to continue operating at the end of the 30-year period, they would have to make a fresh planning application. The application would be subject to the full rigours of the planning system and be assessed against the relevant area plan in place at that time, along with the prevailing planning policy and any other material considerations. If the use of large-scale installations continues without the benefit of planning permission, the Department can initiate enforcement action against the applicant to ensure compliance with the original condition.”
“The reason for the temporary nature of planning permission related to solar farms is not related to the zoning of land but rather to issues associated with the proposed development and lifespan of the equipment or technology.”
“Applications for solar farms are determined under planning policy and the relevant development plan. The current policy for all renewables is Planning Policy Statement (PPS) 18 'Renewable Energy', as the Member is aware. For solar PV farms, the Department may include conditions on any permission for the removal of the structures 30 years after connection to the grid. That may be related to the lifespan of the technology, for example, and the planning condition ensures that old, non-functioning equipment is not left in the landscape. If an applicant wishes to continue operating after that 30-year period or beyond it, they would have to make a fresh planning application. <BR /> <BR />The zoning of land is a function of the statutory development plan.”
“I made it clear in my statement to the Assembly in June that I have considered all the arguments presented to me and none has persuaded me to persist with the current dual-tier system in operation in Belfast. The relevant legislation is nearing completion and will be made within the next month. I intend to update the Environment Committee on progress on taxi legislation when I attend its meeting this week.”
“I thank Mr Ramsey for that question. In the last year, I have had countless meetings with representatives of all sectors of the taxi industry as well as stakeholder groups such as Disability Action, the Consumer Council and the Inclusive Mobility and Transport Advisory Committee (IMTAC) specifically to discuss the taxi reform programme and to take soundings on their views. The following stakeholders expressed their support for single-tier licensing to me: Disability Action, IMTAC, the Consumer Council, Women's Aid, Victim Support, Belfast Chamber of Trade and Commerce, Pubs of Ulster and Visit Belfast.”
“I am confident that these measures will make the taxi industry more accessible and go some length towards making the journeys made by people with disabilities safer and more comfortable.”
“<BR /> <BR />My Department has been working closely with groups representing people with disabilities. As part of a report on a new specification for wheelchair-accessible taxis, a survey of people with disabilities was undertaken. When asked what features they thought would make it easier for them to use taxis, 49% of all respondents cited better trained drivers who are more aware of disabled people's mobility assistance needs. For that reason, within the periodic training regime, the only mandatory module for all drivers will be disability awareness. <BR /> <BR />The Member will also wish to note that an updated wheelchair-accessible taxi specification will come into force in the middle of next year.”
“The taxi industry provides a valuable and vital service to many people with disabilities across the North, providing the only means of transport for many. The introduction of a new taxi driver test is an important element of the Taxis Act 2008. It was introduced on 31 October and will help increase minimum standards and professionalise the industry. Further, from September 2016, all taxi driver licence renewals will need to be accompanied by evidence of periodic training. <BR /> <BR />The taxi driver test will include a practical and a theory test. The theory test will include questions specifically relating to people with disabilities. The questions have been designed to ensure that those becoming taxi drivers are trained and fully responsive to the needs of people with a disability.”
“I do not have a final figure on that yet, but I am sure it will be bleak reading indeed, which will compound the bleak announcements of last week, not just from my Department but across all Departments.”
“I thank Mr Boylan for that supplementary question. <BR /> <BR />That work is ongoing. However, as a member of the Committee, you saw my budget paper last week and you will be aware of the impact that the draft Budget will have on jobs in the Department, leading to possibly 500 job losses. I am also aware of the impact that the cuts will have on jobs supported by my Department, be they in local authorities, where quite a number of building control staff, for example, are supported through the construction products grant, the local air quality grant and the emergency planning grant, or in other NGOs, which I do not want to name now but which are supported through other grants and do invaluable work in helping us meet our recycling and waste reduction targets.”
“I thank Mr Eastwood for that supplementary question. As the saying goes, I would not start from here, that is for sure. I would love to be in a position where I could offer an assurance to all councils, particularly the less well-off councils. However, unfortunately, I cannot. The imposition of budgetary cuts of this magnitude will have a very detrimental impact on all councils at a time when they are starting a new era in local government, when they need certainty and when we here should support them as best we can. The impact on the less well-off councils — Mr Eastwood referred to the geography of the situation; they are largely in the west — gives me great cause for concern too. Not only will there be an impact on all councils but it will be disproportionately harsh on those that can least afford it.”
“In respect of the transferred functions grant, uncertainty remains about whether these sums will be protected from the basis of calculation or, indeed, any actual cuts in the future.”
“They include emergency planning, which provides support to councils to undertake emergency planning preparatory work; construction products, which provide support to councils to carry out statutorily required inspection work; local air quality, which is aimed at assisting district councils in carrying out the statutory air quality duties prescribed under the Environment Order 2002 and corresponding air quality regulations; the Rethink Waste revenue fund, which provides grants for councils to improve resource efficiency and boost waste prevention, recycling and re-use activity; the listed buildings programme, which provides support for repair works to listed buildings in council ownership; and the natural heritage programme, which provides support to encourage the conservation and enhancement of key elements of the environment.”
“If the current draft budget proposals for my Department were to be confirmed in the final Budget, there would be immediate and substantial reductions in key statutory grant payments to all councils, particularly to the less well-off councils dependent on additional rate support payments to guarantee basic levels of service at local level. Also, a wide number of grant programmes will face significant cuts and potential termination.”
“I thank the Member for that question. As I have outlined, my officials continue to work with their counterparts in other Departments and in local government. I will ensure that, as part of that ongoing work, they ascertain the information to which the Member refers.”
“I thank the Member for that question. It is important that there is a degree of consistency. However, yet again, as I said in response to an earlier question, councils will have different needs. There will be bodies that are more relevant in some council areas than in others. However, I can imagine that there may be some difficulties where members are currently appointed to bodies by one council but not by another and now those two councils are amalgamating. My officials will continue to work with their counterparts in other Departments and, most importantly, their counterparts in local government.”
“My officials have been liaising with their counterparts in other Departments to identify public bodies established by or under any statutory provision that seek nominations from councils. The Department will provide councils with the information.”
“I will not specify any bodies to which councils will make appointments. Section 6 of the Local Government Act (Northern Ireland) 2014 lists the positions that are deemed to be positions of responsibility. This includes those requiring the appointment of a councillor as an external representative of a council — in other words, where a councillor is nominated by the council to serve as a member of a public body on behalf of the council. The Act defines "public body" as a body other than a council established by or under any statutory provision. There appears to have been some confusion about that, and local government sought clarification from my Department.”
“I thank Mr McCausland for that supplementary or maybe for clarification of his original question. I may have let the cat out the bag. There was a recently submitted planning application to extend the site. I assure the Member that what occurs on that landfill site is what occurs on any landfill site that we are aware of: it is closely monitored by NIEA and DOE officials. If the Member would like to bring to my attention any problems specific to the site or the situation, I will be happy to hear from him and have them investigated further.”
“The Hightown quarry landfill site is the subject of a recent planning application. That planning application is being treated as an article 31 application, so, ultimately, it will fall to the Minister to make the decision on it. As it is the subject of a current application, I cannot go into too much detail on it, and I certainly cannot give much away on my assessment of it. I assure the Member that the planning application will be dealt with as efficiently as possible.”
“Obviously there has been some confusion. I was disappointed because, for a few years, I had been asking Mr McCausland questions, and this was his first chance to ask me one. He was never able to answer mine either.”
“Excuse me, Mr Deputy Speaker, I was informed that question 5 had been withdrawn as well, and it has now been withdrawn from my file. I can have a stab at it if you want.”
“It appears that the trusts often make decisions based on balancing the books rather than on addressing need, and that need is perhaps more acutely understood by locally elected representatives. This is a fine model, and I am hopeful that it will succeed in getting statutory bodies to work together to the benefit of their citizens and our citizens.”
“I thank Mr McElduff for that sensible question — not that his questions usually are not sensible. As I outlined in my previous answer, the Department recently opened consultation that will identify statutory partners to participate in community planning with councils. Health organisations are well represented in that. I believe that it is imperative that they are on that list and that they have to be part of the community planning process, not least to avoid the kind of recent scenarios to which Mr McElduff referred. I believe that that is in the health trusts' interests as much as it is in the interests of the elected representatives and the people that they represent.”
“While I am in the process of drawing up a list of statutory community planning partners, I cannot tell each and every council who it should have on their community planning partnership. Different councils will have different needs and aspirations, and some council areas will be more rural in their make-up than others. However, I am determined to make sure that community planning ensures that all areas and sections in the new council areas are catered for, protected and looked after. For that reason, I believe that it is very important that consideration is given to those living in rural areas and that their needs are represented on a community planning partnership.”
“<BR /> <BR />Under section 75 of the Northern Ireland Act 1998, all public authorities have a statutory duty to promote equality of opportunity and good relations. The Local Government Act explicitly makes reference to that duty for community planning. Equality of opportunity and social inclusion should be embedded in all stages of the process, and community planning partnerships will need to ensure that they work proactively to identify and address the specific needs of people with disabilities.”
“Community planning involves integrating all areas and aspects of public life, such as the services and functions that are delivered in that area, and producing a plan that will set out the future direction of a council area, with a focus on improving service delivery for all its citizens. To reflect the diverse nature of the communities that they serve, councils' community plans will be developed by bringing together key public-sector organisations, such as statutory community planning partners, and other non-statutory support partners. Those support partners might include businesses, voluntary organisations, and community and other groups that make vital contributions to promoting a district's social, economic and environmental well-being.”
“— of the HSCB, will contribute to effective council community planning activity. <BR /> <BR />Sorry, Mr Deputy Speaker.”
“Indeed, the health sector has been very enthusiastic about the prospect of becoming involved in community planning, as previous work has shown the benefits of working together to achieve common goals and improved outcomes. <BR /> <BR />I know that the health bodies here already play a key role in the interface between public health, Health and Social Care and the role of the new councils. The DHSSPS strategic framework for public health, Making Life Better, reflects the important role of local government in helping to deliver improvements and in addressing health inequalities at community level. The joint working arrangements already in place between the Public Health Agency and councils to support health and well-being improvement, along with the commissioning responsibilities —”
“To ensure that that happens, I am making regulations to name the bodies that will be required to participate in the process as statutory community planning partners. Consultation on those regulations started on 17 October. I encourage all those with an interest in community planning to provide responses to the public consultation, which closes on 12 December 2014. <BR /> <BR />Given the key role of health bodies in improving the life of citizens, the health sector is well represented on the list of proposed statutory partners, with the health and social care trusts, the Public Health Agency and the Health and Social Care Board (HSCB) included.”
“I want to stress that community planning is not just for local government. From 1 April 2015, new community planning duties will be placed on central and local government. The Local Government Act 2014 sets out the process by which councils will lead community planning, and by working with their community planning partners, identify long-term objectives for improving the social, economic and environmental well-being of a district. The Act also places a duty on all 12 Departments to promote and encourage community planning and to have regard for community plans. <BR /> <BR />The community planning partnership will provide leadership in each council area by bringing together the key organisations and people.”
“I thank Mr Ó hOisín. In my answer to Ms Lo, I outlined the importance of a proactive approach to preventing such incidents. When these incidents occur, it is vital that our reactions are sharp, swift and successful. If there is an issue with how quickly, or otherwise, government agencies respond to incidents of this nature, it is something that I would like to address and see addressed. I will happily speak to the Member, as I know that he has a keen interest in angling, as do other Members, and I am happy to speak to them to hear their suggestions as to how this might be improved.”
“The Environment Agency and DCAL's inland fisheries also visited all premises along this stretch of water in the not too distant past to look at pollution risks and to advise businesses of them. Subsequently, many of the businesses put in mitigation measures to prevent these disasters from happening.”
“The agency works in conjunction with other bodies, primarily DCAL's inland fisheries, on the prevention of incidents like this. Unfortunately, we cannot prevent every incident, and it is impossible to measure how many events we have prevented through our proactive work. I know that quite a lot of work has been done in this specific geographical area, not only among and between government agencies, but with other stakeholders and anglers on the river. I believe that locals and local anglers have embraced that work very positively and have played an important role in it. That is how this should be addressed; prevention is, obviously, better than cure.”
“However, I believe that, for offences as serious as this, there should be serious penalties and deterrents, particularly for potential repeat offenders.”
“I thank Mr Kinahan. This issue was raised during the Adjournment debate, and there is evidence to suggest that fines for polluters are lower in this jurisdiction than in the others on these islands. However, the scale or nature of punishment for those crimes is beyond my remit as Environment Minister and is very much a matter for the courts. During the Adjournment debate, I said that I would raise the matter with the Minister of Justice, and I fully intend to do so. <BR /> <BR />However, I am given to understand that the average fine for pollution imposed by the courts in Northern Ireland has increased significantly in recent years and that fines of thousands of pounds are now routine. Of course, we do not want them to be routine, and we do not want pollution incidents to be routine.”
“I thank Mr Girvan for his question and supplementary question on this topic. It is one that I know is very close to his heart, and we had an Adjournment debate about it one or two weeks ago. <BR /> <BR />I am aware of the more recent incident to which the Member referred. I assure him that Environment Agency is also aware of it and is investigating.”
“Once the investigation has been completed and I am no longer constrained by legal considerations, I will, of course, be happy to provide you with a further update.”
“The standard protocol in incidents of this nature is that interviews under caution are conducted in writing, and it is anticipated that it will be several more weeks before the process has been completed. Once the interviews under caution have been completed, the NIEA will review all the evidence and make a decision on appropriate enforcement action. <BR /> <BR />You will appreciate that, because it remains an ongoing investigation with evidence still being gathered from some parties, it would not be appropriate for me to comment further at this stage on the premises under investigation, as that might threaten the success of any future enforcement action. However, I can assure you that this remains a live investigation and that the NIEA is following definite lines of enquiry.”
“The Northern Ireland Environment Agency (NIEA) is continuing to investigate the cause of a serious fish kill that occurred on Wednesday 29 October on the Sixmilewater at Ballyclare, County Antrim. As part of the investigation into that fish kill which was carried out by the NIEA in conjunction with DCAL inland fisheries, a large body of evidence was gathered. It included the collection of statutory samples from several premises, a detailed biological survey of the Sixmilewater and its tributaries in the area, and a detailed survey of the numbers and spread of fish deaths. <BR /> <BR />Interviews under caution are also being conducted as part of the process.”
“I thank the Member for her question. I assure her that, in missing the start of my statement, she did not miss much, but she might have missed me saying that this statement is on the transport sector as opposed to the environment sector, where the issue of fuel laundering has been discussed at every North/South Ministerial Council meeting that I have attended. Your party colleague Minister Kennedy is often keen to raise it. The cost of fuel laundering to our economy is huge. In that respect, it is, I suppose, relevant, in a way, to this meeting, given the impact that fuel laundering has on the costs of doing business for legitimate businesses in the haulage industry.”
“If people are speeding on a road in the North of Ireland, it is extremely likely that they are going to continue speeding when they hit the border, and beyond. A dangerous driver in the North is a dangerous driver in the South, and vice versa. There has to be collaboration; we have to work together to eradicate those dangers from our roads.”
“I thank the Member for his question, and I thank him for highlighting a most unsatisfactory situation, which, no, I regret that I did not raise with the Minister from the Republic of Ireland at the meeting. I think that the publicity surrounding that issue emerged, possibly, the day following our meeting, but it is a matter that gives me great concern and it is one that I will raise at a future North/South Ministerial Council meeting. <BR /> <BR />In answering an earlier question, I alluded to the technical difficulties that have been presented in our attempt to achieve the mutual recognition of penalty points. It is my understanding that some of the difficulties around courts and summonses would be applicable in this case. However, I do not believe that they are in any way insurmountable.”
“I thank Mr Dallat for that question. He is correct. There have been awful abuses of laws, and there have been even more awful losses of lives in that border area, and in others across the North and South. I am sure that collaboration between police services in both jurisdictions is good, but I will never be content that it cannot be better. I will continue to, and constantly, push for increased and improved collaboration on this and many other issues.”