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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“<BR /> <BR />One thing that very much impressed me that evening was that we went to Bridgend on the Derry-Donegal border and met some guards. There is ongoing collaborative cross-border drink-driving project, and that was very good to see. I am aware of the pressures facing the police budget. I have concerns about the impact of budget cuts on how many officers they have to carry out this job, but I have also raised with the PSNI how they spend the reducing budget that they have.”
“I thank the Member for his question. My officials are in constant contact with their counterparts in the PSNI and, indeed, the PSNI is an integral member of our road safety working group. I have had discussions with a succession of acting chief constables on that and on road safety issues. <BR /> <BR />Last Wednesday night, I was out on the ground, or in a car rather, with PSNI traffic officers in Derry and had a look at the type of work that they do. It is extremely important work, but, while they were not crying about it, it is painfully evident that there is not enough of them to do that work and that they are being spread very thin. We went to a speeding checkpoint, stayed there for 15 minutes and then had to go somewhere else.”
“Cuts to the Regional Development budget will obviously have an impact on roads maintenance, and where you have street lights that are out and potholes and gullies that cannot be cleaned as regularly as they should be, there will be a detrimental impact on road safety. That is without doubt. Furthermore, one would imagine that the cuts to the police as a result of cuts to the Department of Justice's budget will lead to fewer police on the road to carry out traffic activities. <BR /> <BR />There is no doubt that the financial situation will require us to continue — in fact, to start — to work in a more joined-up way across government to do things that make all of us, as road users, improve our behaviour and reduce the likelihood of fatalities and casualties on our roads.”
“I thank the Member for his question. Since a Budget for 2015-16 has not yet been agreed, I cannot provide a full assessment of how resource pressures will impact on any area of my Department or on our road safety partners. I can assure you that I remain fully committed to continuing to work with stakeholders to improve road safety and reduce casualties. However, reductions in funding will make a number of activities a lot more challenging, including, as Ms Lo referred to earlier, the creation and airing of road safety advertising. There will also be an impact on road safety grants that are made to community groups and on our road safety education programme that we carry out in conjunction with schools. <BR /> <BR />I am very conscious that it is not just cuts to my Department 's budget that will impact on road safety.”
“In the meantime, I welcome the progress in developing a Road Traffic Bill in Ireland, which will include a range of measures, including the roadside testing of drivers for the presence of drugs. I look forward to the harmonisation with that up here. It would pretty ridiculous if someone could be caught for drug-driving in Donegal and be able to avoid detection just a minute or two down the road.”
“Last year, six people were killed due to driving while impaired by drugs, whether illegal drugs or, indeed, legal prescription drugs. That is a growing concern. I plan to address this issue with the creation of a similar offence to that recently introduced in Britain that will help to better detect and collect evidence from drivers who are suspected of being impaired through drugs. In effect, this move will bring drug-driving detection into line with drink-driving detection. Proposals for change here will be informed by the work ongoing in Britain and Ireland, but, given the complexity of the issues involved, it is unlikely that the Bill could be taken forward before the next Assembly mandate.”
“I thank the Member for his very pertinent question. Often, it appears that our focus is on drink-driving, and, while drink-driving remains painfully high, when we look at the causation factors for fatal collisions, drug-driving is well up there as well. It is currently an offence here in the North to drive when under the influence of drink or drugs. The prosecution of this offence requires evidence of impairment at the time of driving, and, all too often and all too sadly, we do not have that evidence until after the event. Again, all too often, it is obtained through a post mortem. <BR /> <BR />While we have significantly more deaths and serious injuries on our roads through drink-driving, as I said, drugs still figure extremely highly.”
“<BR /> <BR />I do detect from the Minister in the Republic of Ireland Government an appetite to help me to gain the evidence that will be required to show that the levy is detrimental to the economy in Donegal and in other border areas on both sides of the border. The damage to trade could well take place on both sides of the border. There is a review ongoing by the Minister of Enterprise, Trade and Investment of the cost of the haulage industry and the cost of doing business in the haulage industry. I very much hope to tie into that and to figure into that hard evidence from hauliers and from other businesses on how this levy is affecting them. It was the sheer lack of this type of evidence that was used as an excuse, if you like, by Robert Goodwill MP not to grant exemptions here.”
“I thank Mr McElduff for that question. I am well aware of his party's position on the matter, and I am sure that he is well aware of mine and the fight that I fought to resist having to enforce legislation here that was implemented from elsewhere. I am aware of disquiet among hauliers and other businesses in the Republic around this legislation, and that is more around the legislation than the fact that the DOE will be enforcing it as opposed to the DVLA. In fact, over the weekend, I was, I suppose, approached by a couple of different businesses in the Republic and had similar discussions with them.”
“I thank Mr Weir for his question. The timetable for the implementation of mutual recognition of penalty points will be dependent on the progress made in assessing how parity in the counting down of penalty points across both jurisdictions can be achieved and on the continuing work on the prosecution of offences. I remain extremely keen to implement mutual recognition as soon as possible, but I recognise that we need to do so confident that there is unlikely to be a successful legal challenge to what is groundbreaking work. The issue of mutual recognition between us, the Republic of Ireland, and England, Scotland and Wales, for example, is one that has been raised with me recently and one that I will raise at the next NSMC meeting.”
“The issues include courts' treatment of summonses served outside the jurisdiction, on which Departments are working with their respective courts services to clarify an appropriate, robust way forward.”
“Therefore, a driver disqualified for drink-driving who already has three points for a speeding offence on his or her licence will have those points wiped if it is a Northern Ireland licence, but the points will be on his or her new licence if the driver requalifies after the period of disqualification in the South. <BR /> <BR />Those differences could in certain circumstances lead to issues of double jeopardy. Given that lawyers are constantly searching for grounds on which to challenge driver disqualification, I am sure that Members will recognise the need to ensure legal certainty on these complicated but important issues. Both jurisdictions will continue to carry forward the work on the prosecution of offences, with a view to providing a report to the next NSMC meeting.”
“I thank Mr Eastwood for the question. Progress has been made on advancing that work, and some key policy and operational issues have been agreed to date. The mutual recognition of penalty points working group is continuing to explore the issues relating to the counting down of penalty points in both jurisdictions, with a view to providing an update on those issues at the next NSMC meeting in the transport sector. <BR /> <BR />The issues arise from a number of technical differences between the two penalty-point systems. For instance, on disqualification, all points on a Northern Ireland licence are wiped, whereas those on a licence in Ireland are suspended.”
“<BR /> <BR />The Member's suggestion that we keep the public informed about how many fatalities there have been on the roads is worth looking at again. Last week was Road Safety Week, and I attended a couple of events across the North. I know that Members possibly attended — they certainly would have been invited to — events in their own constituency. I remind all Members of their responsibility to use any opportunity that they have to reinforce road safety messages to their constituents.”
“I thank the Member for his question. I have said in the House before, and I am happy to say again, that I will consider any option to reduce the number of deaths on our roads. To say that what we are doing is not working may be a wee bit unfair given the drastic reductions that we have seen in the number of fatalities on our roads over a number of years. In 2013, there was an increase on the number in 2012, but 2012 had the lowest number of fatalities on our roads on record, with just 52. That is not to say that we should be resting on our laurels and saying that we cannot do better. For me, one death on our roads is one too many, and I aspire to a time when we have zero road deaths. That may seem beyond our ability, but it certainly should not be beyond our ambition.”
“<BR /> <BR />There is a ministerial working group on road safety that generally comprises me, the Minister for Regional Development and the Justice Minister, but I am keen for an invitation to the next meeting to be extended to the Education Minister to see what work can be done with education boards on the matter. <BR /> <BR />As a Department, we work very closely with schools. We have outreach programmes that are run very successfully with the schools: the schools enjoy participating in them and find them extremely useful. It is important that we build on the work that has been done and do everything we can to ensure that the likes of this tragedy does not occur again.”
“I thank the Member for her question. Obviously, the tragedy that occurred recently will have — and certainly should have — focused all our minds on how we can work to maximise road safety and minimise the potential for such a tragedy to occur to anyone on our roads. The fact that something like that could happen to children or a family on their way to school beggars belief, particularly in light of concerns that were raised with the local education and library board on the very real dangers — I was going to say "potential dangers" — being faced by children day and daily on their way to get buses in rural areas or, as is the case in many areas, walking the whole way to school on roads with no footpaths because they do not have buses to get. That is a very important issue.”
“Given the financial constraints that both Governments are having to operate within, it is certainly worth exploring where further collaboration can be achieved. We have a tremendous opportunity, through the Road Traffic (Amendment) Bill, to harmonise the drink-driving limit on both sides of the border. That might provide an opportunity for a new shared campaign.”
“I thank Ms Lo for her question. It is not often that I get accused of being short in any respect. <BR /> <BR />Road safety advertising is an emotive issue and, as Ms Lo points out, it is expensive. It has also been extremely effective. Ms Lo quite rightly suggests making it more efficient, if possible, through cross-border collaboration. <BR /> <BR />She quite rightly said that there has been collaboration on several public information campaigns. Between 2000 and 2007, DOE and the Road Safety Authority shared the production costs for campaigns where there were similar road safety issues to be addressed. For example, there were joint campaigns on issues such as drink-driving, seat-belt wearing, pedestrian safety and speeding. <BR /> <BR />There has also been the purchase of ads from us by the Republic of Ireland Government and vice versa.”
“<BR /> <BR />The Council noted the recent meeting of a tripartite enforcement planning forum to maximise the benefits of enforcement efforts and to identify synergies from a coordinated enforcement approach, and it welcomed the continued training exchange for enforcement officers.”
“<BR /> <BR />The Council welcomed the continued sharing of knowledge and experience between officials from both jurisdictions on the delivery of road safety measures. We noted the progress and enactment of legislation in both jurisdictions designed to improve road safety, including measures and proposals to address drug- and drink-driving and reform of the learner driver regime. <BR /> <BR />We welcomed the continuing proactive cooperation to target a wide range of illegal activity in the goods haulage and passenger transport industries, including continuing liaison on successful cross-border enforcement operations in 2014 in both jurisdictions.”
“We noted that a draft EU directive facilitating the cross-border exchange of information on road safety-related traffic is due to come into force in 2017. This will cover the offences being considered by the mutual recognition of penalty points — or MRPP — project. The MRPP steering group will continue to examine the directive and the outcome of a European Commission review of the need to strengthen enforcement with regard to traffic offences, and the implications of these for the MRPP project. The MRPP working group will meet to explore issues relating to the counting down of penalty points in both jurisdictions, and both jurisdictions will continue to carry forward work regarding the prosecution of offences with a view to providing an update on those issues at a future NSMC meeting.”
“In compliance with section 52 of the Northern Ireland Act 1998, I wish to make the following statement on the seventeenth meeting of the North/South Ministerial Council (NSMC) in the transport sector, which was held in Armagh on Wednesday 5 November 2014. The meeting was attended by me, the Regional Development Minister, Danny Kennedy, and Minister Paschal Donohoe TD, Minister for Transport, Tourism and Sport. Minister Donohoe chaired the meeting. <BR /> <BR />I will address those agenda items for which my Department has responsibility: mutual recognition of penalty points; and road user and vehicle safety. <BR /> <BR />During our opening remarks, we discussed the UK road user levy for HGVs. We agreed to continue to liaise on the issue and its potential impacts. <BR /> <BR />The Council discussed mutual recognition of penalty points.”
“I am finished the most important parts, a Phríomh-LeasCheann Comhairle, but, in response to Mr Kinahan's question, I will ensure that existing groups are meeting. Perhaps there is a need for more groups. A group that exists and does not meet might as well not exist, so it is important that we ensure that everything that had previously been put in place and yielded some successful outcomes continues to operate and function.”
“I am interested in Mr Ó hOisín's proposal of an all-party group. I wonder why that has not got off the ground to date. I will give way.”
“I give the Member an undertaking and a commitment to investigate his allegation — it is not an insinuation any more — robustly. <BR /> <BR />As an outcome from today, to give the anglers in the Gallery, those anglers in the Chamber and the thousands of anglers outside some sort of comfort and something other than the tea and sympathy that they might expect from here, I am happy to give a commitment to the House that I will undertake to review how the system works and how my Department works with others, including DCAL, DARD, DRD and, importantly, the Department of Justice. I will be happy to get on to that as soon as possible.”
“<BR /> <BR />The Northern Ireland Environment Agency does not just go after the wee man. The agency pursues other and all polluters. As an outcome of today —”
“I thank the Member for the intervention. <BR /> <BR />In conclusion, I hope very shortly to outline how I intend and am determined to work with other Ministers on this topical and very important subject. Indeed, it is very important that we get this right. I am firm believer that, in any case, the polluter should pay, and I am keen to work with others to identify how we manage our systems better. If that involves utilising volunteers, which it clearly does, I am happy to do that as well. What I am getting loud and clear here today is that partnership working has to be improved, and while I will work with partners and other Departments, let me assure the House that I will not be complicit in or tolerate any whiff of the cover-up that was implied by some Members.”
“I can, however, assure you that I and my Department are committed to thoroughly investigating the cause of the latest fish kill and to continuing to work — and improving that work — with other Departments, local anglers and local people to protect the Sixmilewater and other rivers and watercourses.”
“I therefore understand and share the frustration of local people and anglers that, following all that enthusiastic hard work, a further serious fish kill has occurred. <BR /> <BR />Mr Clarke and others spoke of the paltry nature of the fines, and, yes, there is indeed some strong evidence that average fines for water pollution offences are higher in, for example, England and Wales than here in the North. However, as quite rightly identified by Mrs Cameron, the levels of fine imposed are entirely in the power of the courts and are well beyond the remit of my Department.”
“Those stakeholder groups each meet twice a year and allow local anglers and local people to work directly with a wide range of Departments and agencies to help protect and improve their local rivers. <BR /> <BR />I understand that anglers on and around the Sixmilewater have been particularly enthusiastic participants in the stakeholder groups and that their practical input has been and is of great value. For example, anglers on the Sixmilewater have taken part in environmental monitoring programmes, which feed into and complement government-led monitoring programmes. Officials have also been closely involved in providing advice and support to the Six Mile Water Trust, which I am aware plays an important role in the protection and enhancement of the river.”
“NIEA has worked closely with a wide range of stakeholders, such as anglers and a number of other agencies, to protect and improve the Sixmilewater. Mr Girvan expressed frustration that interaction and collaboration with river users is not what it should be, but it certainly cannot be accused of being non-existent. A good example of that practical cooperative effort is that, about six years ago, NIEA established a number of catchment stakeholder groups to allow the public to have a direct input into protecting their local rivers. As part of that initiative, a dedicated Lower Bann stakeholder group was established, whose area of responsibility includes the Sixmilewater and its tributaries.”
“Following the two previous serious fish kills, NIEA devoted a lot of time and effort to minimising pollution risk throughout the Sixmilewater catchment, including, for example, detailed inspections of all industrial premises in the Ballyclare and Mallusk areas. Those inspections identified a number of pollution risks, all of which were addressed, greatly reducing the overall pollution risk in the catchment.”
“<BR /> <BR />As part of the investigation, NIEA also collected a number of investigatory water samples and carried out a detailed biological survey of the river and its tributaries. Analysis of the findings from those samples and surveys is continuing. I am very conscious that there have, unfortunately, been two previous serious fish kills on the Sixmilewater in recent years, one in 2008 and one in 2011, and other Members referred to that. It is, therefore, particularly disappointing that a further serious fish kill has now occurred, especially given all the hard work by local angling clubs and by my Department in the aftermath of those previous incidents.”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. I thank Mr Clarke for his intervention. As only two have not been ruled out, I am not really at liberty to identify who they are at this stage. However, as I said, investigations are ongoing. We want to be sure that we get these investigations right and that we ensure that not only does the polluter pay but that the polluter prevents any incidents of pollution from happening again. <BR /> <BR />The subsequent DCAL investigation confirmed that a total of 964 fish of all sizes had been killed. Mr Ó hOisín gave a breakdown of the sizes of the fish and, given his expressed interest in angling, I was waiting to hear about the one that was this size.”
“<BR /> <BR />The Department of Culture, Arts and Leisure is the lead Department for fisheries protection, and its inland fisheries group was also informed of the fish kill by NIEA.”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. My Department was first alerted to the fish kill on the Sixmilewater at Ballyclare on the morning of Wednesday 29 October 2014 when a report was received, via the Northern Ireland Environment Agency’s water pollution hotline, of a number of dead fish at Ballyclare. Mr Girvan said that it was with great sadness that people learned of the incident, and that is certainly and sadly true. <BR /> <BR />NIEA staff were immediately tasked with investigating the report. During the subsequent NIEA investigation, statutory samples were collected from two different premises, and NIEA’s investigation of events at those premises remains ongoing. A number of other potential sources of pollution in the catchment were also visited and investigated by my NIEA staff to rule them out of the inquiry.”
“An article 31 planning application is under consideration, and permitting applications are being processed, but I am sure that Members are aware that there are local concerns about those proposals, which have manifested themselves in a huge volume of objections.”
“As it is, Europe's approach to a circular economy already encompasses energy from waste as a viable and, indeed, environmentally preferable alternative to landfill, in accordance with the waste hierarchy. <BR /> <BR />Supporting the concepts of a circular economy and zero waste does not mean that we can avoid confronting uncomfortable realities about waste in Northern Ireland, including the need for facilities that will drive down the scope for illegal activity and provide a viable alternative means of disposal of waste that cannot be landfilled. Also, it would probably make sense for Northern Ireland to recover energy from waste locally rather than export that waste to generate energy elsewhere while having to import energy at a potentially inflated price. <BR /> <BR />Does the Arc21 proposal offer a solution?”
“I thank the Member for that question. We might be moving to a circular economy in the long term so that, one day, this becomes a region in which recycling is the norm and in which we produce minimal waste and make minimal use of natural resources. In the meantime, though, increased prosperity means that Europe as a whole is actually generating more, not less, waste, in particular via a huge volume of single-use items and constantly updated technology devices that most of us in here use. The truth is that we will not have a true circular economy in Northern Ireland until the globally effective economic drivers needed to make it happen are put in place. We are nowhere near seeing true prices being charged for raw materials that reflect their full environmental cost.”
“I thank Lord Morrow for that question. This has been a standing agenda item at BIC meetings on the environment sector since 2000. I do not think that this has gone away as an issue, but it has been decided by the British-Irish Council that it is an issue best dealt with on a tripartite basis between the Governments most directly involved. Obviously, that includes the Government of Ireland, the Government of the UK and the Isle of Man Government. We are not going to stop our monitoring of any potential impacts from Sellafield. However, as outlined already in answer to earlier questions, the impact has been shown to be negligible.”
“I thank Mrs Cameron for her question. She quite rightly heralds the success of the carrier bag levy, a success that has been contributed to on a major basis by our working relationship with retailers. The levy moves into phase two in the new year. That is something that we have been liaising closing with major retailers on, as, without their buy-in, it will not succeed and we will not continue to see the environmental benefits that we are seeing. We can and will see more benefits as we drive down consumption and the number of carrier bags being produced and used. Partnership has been key to the success of this initiative and will be key to its further success and improvement.”
“I thank Mrs Overend for that question. It is vital that we have accurate green guidance systems that people will believe. I referred in my statement to alleged "greenwashing" practices, and there are concerns that, on occasion, manufacturers and retailers make claims about the greenness of their products that do not add up. That is something that we have to take account of. <BR /> <BR />It is also important that the standards and measures used to assess the greenness of products is uniform across all jurisdictions. My role in influencing that is limited. However, by working with Ministers in the other jurisdictions, I think it is something that we can see progressed. As I said in answer to Peter Weir, it goes much wider than that: we need buy-in from retailers and partnership with manufacturers.”
“The monitoring programme includes checks on radiation levels on the coastline at approximately 50 locations around Northern Ireland, as well as routine checks on the levels of radioactivity in seaweed, shellfish and fish. The adequacy of that monitoring programme is reviewed annually and, when appropriate, will take into account any changes in the discharges of radioactivity from Sellafield.”
“I thank Mr Eastwood for that question. I reiterate my assurance that, in conjunction with colleagues from the NIEA, the Scottish Environment Protection Agency and the Radiological Protection Institute of Ireland, discharges into the Irish Sea and their impact on the coastline and marine life of Northern Ireland will continue to be comprehensively monitored. Officials from my Department play a part in ensuring that the UK's obligations under the 1992 Oslo and Paris Convention for the Protection of the Marine Environment of the North-East Atlantic are monitored. This includes ensuring that effective evaluation takes place of actual discharges into the marine environment and that national plans are in place for the monitoring and control of future discharges.”
“I thank Mr McElduff for that question. The concerns expressed about Sellafield by people in different jurisdictions have been well documented publicly over the years. Indeed, concerns have been raised in the Chamber on occasion by colleagues of Mr McElduff on any potential or perceived impact of Sellafield on Northern Ireland and the population of the North. My Department continues to monitor the impact not just from Sellafield but from any nuclear power station in Britain. I have been convinced that the impact on the people of the North is negligible, but that is no reason for complacency. We will continue to monitor to ensure that nothing that could harm the people here is being permitted.”
“Retailers have an integral role. Obviously, they are at the coalface when it comes to influencing consumer behaviour. They can do that in many ways, not least by setting the prices of products. It is imperative that there is partnership working between my Department and retailers, but it should not be limited to that. I want a much more collaborative approach from and with other Departments and sectors, not solely retail. There is a lot more that we can do on educating people. However, as Mr Weir rightly points out, it is generally retailers that call the tune when it comes to dictating consumer behaviour. It is vital that we do all that we can to ensure that they do so responsibly. That will bring benefits to our economy, as I outlined in a previous answer, but also, importantly, to our environment.”
“For too long, there has been a mindset not just here in the North but across other jurisdictions that what is good for the environment is not good for the economy, and vice versa. I am very much of the view that the environment and the economy should not be at loggerheads. Environmental regulation has often been seen as a threat to economic development, but we should identify the opportunities and enable people, us included, to exploit them.”
“I thank Ms Lo for her long question. I am well aware of the good work done by the Committee in collaboration with others, including Belfast City Council. It is right that the Committee and I, as Environment Minister, look at and learn from best practice, not just in the other BIC Administrations but further afield, as she has done, in Europe. <BR /> <BR />She is also quite right about the economic opportunities afforded by the creation of a more circular economy. I concur entirely with her that there should be more joined-up working between my Department and possibly DETI in assisting the private sector, councils and NGOs here to exploit the economic opportunities that clearly exist.”
“As a result of those ongoing productive working relationships, which have also been facilitated by the British-Irish Council, Ministers agreed that further information sharing on Sellafield could be left to the three relevant member Administrations to pursue at a trilateral level outside of BIC. <BR /> <BR />Ministers agreed that the fourteenth ministerial meeting will be hosted by the Government of Guernsey and that the theme will focus on waste and include an update on biosecurity.”