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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“We noted that new EU regulations on alien and invasive non-native species were due to come into force on 1 January 2015 and agreed to continue collaboration and cooperation between all BIC member Administrations, including holding a second workshop in early 2015. <BR /> <BR />Ministers noted that Sellafield had been raised at every ministerial meeting since the establishment of the work sector in 2000 and further noted the paper produced jointly by Ireland and the Isle of Man on their concerns about the site. That brings that long-standing action point to a conclusion. Ministers welcomed the improvement in British-Irish relationships over the years, which had led to greater information sharing on Sellafield between the Governments of the UK, Ireland and the Isle of Man.”
“We considered the need for better information for consumers as well as encouraging business to recognise the opportunities from reducing the lifestyle impacts of their products and assisting consumer choice. Ministers appreciated that retailers were in a powerful position to influence more sustainable consumption through their operations and supply chains and noted the work done to date by retailers and other stakeholders. Ministers agreed to further share information and data on consumer behaviour and to explore the possibility of adopting green guidance schemes already in place in some BIC jurisdictions. <BR /> <BR />Following on from the twelfth BIC environment ministerial meeting held in Scotland in 2012, Ministers reaffirmed the threats posed to BIC jurisdiction ecosystems from invasive non-native species.”
“We also considered international evidence such as the Rio Earth Summit +20 conference that was held in June 2012, when heads of state and Governments adopted a 10-year framework of programmes on sustainable consumption and production patterns, and work by the European Union to improve the availability of reliable and comparable information on the environmental performance of products. <BR /> <BR />We acknowledged the challenges faced by consumers over the quality of information given, availability of green products and "greenwashing" claims, and we noted behavioural barriers to increasing uptake of green products, as well as information failures.”
“Such an approach could also make economies less dependent on raw materials and thus less dependent on price volatility and supply-chain risks. <BR /> <BR />Ministers agreed to work together to explore the potential of extending coverage of voluntary agreements across different industries and different BIC jurisdictions. They agreed that it would be useful for member Administrations to continue sharing best practice and to work together on the potential to develop tools and data sets to measure progress in moving towards a circular economy. They shared best practice in and the challenges that are faced to promoting green consumption in their jurisdiction.”
“The Scottish Government were represented by Callum Blackburn, policy manager on the circular economy in the Environment and Rural Affairs Department. <BR /> <BR />The meeting focused on sustainable consumption and production, in particular the development of the circular economy and tackling barriers to green consumption. Ministers discussed the development of the circular economy that is taking place in each BIC jurisdiction and the European Union. Jamie Butterworth from the Ellen MacArthur Foundation provided a presentation to Ministers summarising the foundation's research, which indicates that transitioning to a more circular economic model could bring significant economic benefits, help to buffer future materials price increases and volatility, reduce material costs and restore natural capital.”
“<BR /> <BR />The Isle of Man Government were represented by Richard Ronan MHK, Minister of Environment, Food and Agriculture, who hosted the meeting. The UK Government were represented by Dan Rogerson MP, Parliamentary Under-Secretary of State for water, forestry, rural affairs and resource management, who chaired the meeting. <BR /> <BR />The Irish Government were represented by David Walsh, assistant secretary in the environment division. The Welsh Government were represented by Dr Andrew Rees, head of waste strategy branch. The Government of Jersey were represented by William Peggie, director and deputy chief officer in the Department of the Environment. The Government of Guernsey were represented by Yvonne Burford, Minister for the States of Guernsey Environment Department.”
“In compliance with the requirements of the Northern Ireland Act 1998, I wish to make the following report on the twelfth British-Irish Council (BIC) meeting held in environment sectoral format in the Sefton Hotel, Douglas on Wednesday 15 October 2014. The Northern Ireland Executive were represented by Jonathan Bell MLA, junior Minister to the Office of the First Minister and deputy First Minister, and me. This report has been endorsed by junior Minister Bell, and he has agreed that I should make the statement on behalf of both of us. The meeting was part of an ongoing series of meetings of the British-Irish Council since the first summit of 17 December 1999, which identified the environment as one of the issues for discussion.”
“However, I understand that some 35 homes in south Belfast were affected by the more recent flooding in October and were entitled to the £1,000 payment.”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. I thank Mr Ó Muilleoir for his question and welcome him to the Assembly. <BR /> <BR />In October, heavy rainfall resulted in flooding in properties in south Belfast. The Member, of course, is well aware of that. I am sure that he was up to his eyes in it, or at least to his knees. I activated the scheme of emergency financial assistance, which allowed residents affected by flooding to apply through their local council for a £1,000 emergency grant. That practical assistance is available only to those who have suffered severe inconvenience, to help make their home habitable as quickly as possible. <BR /> <BR />I do not have figures for the floods a few years ago. They predated my time in office.”
“I thank Miss McIlveen for that supplementary question. In particular, I have gone to some effort to ensure that Scrabo Tower is reopened. I have not yet got round to replying to the correspondence she referred to, but I will do so in the near future. I am sure that it will reflect what I am saying here, which is that I am committed to exploring any option that is available to us, as a Department, or the NIEA, as an agency, to ensure that those facilities can be opened, so that we can maximise the benefits of these assets to the local community.”
“However, by shifting around the workforce in the NIEA, I have managed to address those problems, and, hopefully, they will be back at full throttle next summer.”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. I thank Miss McIlveen for her question. As I outlined in my answer to Colum Eastwood, I fully appreciate and recognise the value of our built heritage, not just as part of our rich tourism product but as something to be cherished and enjoyed by residents here. It is my intention to ensure that our built heritage assets remain as accessible as they have become over recent years to tourists and locals alike. <BR /> <BR />Due to unforeseen budgetary cuts in the summer, I had to make a decision that resulted in a reduction of staffing at some of the assets. A lot of the staff at those locations are employed on a temporary or seasonal basis, and some had to be let go a couple of weeks earlier than normal.”
“She replied to me recently, confirming that she is aware that there were issues with what they deem a small number of records, reassuring me that they would be rectified as a matter of priority. DVLA has since stated at official level that the initial teething problems have largely been rectified and that any issues identified with individual records are being dealt with through a normal line of business. I also provided a special hotline for elected Members to Swansea, should they have any particular constituent complaints. They contend that most of these issues have been rectified, and I think that that is reflected in the reduction in the amount of correspondence that I am getting on these issues.”
“I thank Mr Dallat for that supplementary and his recognition of the battle, I suppose, fought by me and my predecessor, Minister Attwood, to retain these jobs. That was not just about protecting public servants but was about protecting a high-quality public service that people in the North had come to expect. Sadly, since the transfer to Swansea, there has been, without doubt, a diminution of that service. I am sure that that has manifested itself in many representations and calls to me from other Members of the House and councillors across the North representing constituents who are encountering difficulties in Swansea. <BR /> <BR />I have followed this up continuously with Minister Goodwill, and I have to say that, in response to a letter to him, I got a letter from Claire Perry MP.”
“<BR /> <BR />One glimmer of hope for staff there is a guarantee or an assurance that I have received from the DVLA in Swansea that it will contribute significantly to an early-exit scheme for workers. It is geographically limited, but it is not limited to these DVA staff and could and should free up positions in the Civil Service in and around the north-west to which they can transfer.”
“<BR /> <BR />The agreement of the previous Minister for Social Development to temporarily provide work for staff in Coleraine was very much appreciated, and it helped to ensure that more than 60 surplus DVA staff had been utilised in meaningful work on behalf of the Child Maintenance Service since the licensing services ceased at the end of July. However, that work is temporary and will continue only until the end of this year; the complement of staff required for that work has already begun to reduce. I wrote to Minister Storey on this just last week, and he informed me that there is no scope for DSD to transfer any further work to Coleraine on a permanent or temporary basis.”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. I thank Mr Dallat. It is a sign of the times, I suppose, that Christmas becomes topical as soon as we reach Halloween. <BR /> <BR />I understand and sympathise fully with the DVA workers who are in limbo and who face great uncertainty. As a result of the DFT decision, 272 DVA licensing staff became surplus. To date, 118 of those staff have been redeployed to other duties or cleared by other means; for example promotion or retirement and transfer to DOE posts, relocated by me from Belfast to Coleraine. In total, that was about 50 administration jobs.”
“That is something that causes me great concern and will cause great concern to people not just in Derry but right across the North, those with an interest in built heritage and those who see the economic driver that our built heritage has become.”
“I thank Mr Eastwood for his supplementary question. He touches on the economic benefit that can be generated through investment in the built heritage, and that is something that cannot be denied. It has been evidenced that for every £1 spent by the Department on built heritage — be it on restoration or renovation of listed buildings — a further £7 from other sectors is attracted. That is of major benefit to any area, but particularly to an area like Derry where, I suppose, other economic opportunities are so unfortunately sparse. <BR /> <BR />I remain committed to the built heritage in Derry. However, given the swingeing cuts in the Budget, I cannot say that the commitment that has been given by the Department over recent years can be maintained.”
“<BR /> <BR />My Department also works with partners to build on the efforts of 2013 to offer events focused on the city's heritage and increase awareness. It delivered an Archaeology Day event in June and a strong celebration of the city's built heritage, focused on European Heritage Open Days in the summer. <BR /> <BR />Of course, a key area of action is in the processing of applications for planning permission, listed building consent and conservation area consent. I am committed to ensuring that my Department continuously seeks high standards of design and protects the special architectural and historic character of the city's buildings and areas throughout this process.”
“It is also a key focus of pride for residents, and that is why I am committed to ensuring that important work to realise its full potential continues into the future. Over the past 10 years — I heard Mr Wilson calling out there; he will remember — my Department has worked in partnership with Derry City Council and other key stakeholders on a range of built heritage projects in the city. That has included delivery of the Walled City signature project, focusing on the conservation of the walls and six key buildings, including the Guildhall. We have also worked with the Foyle Civic Trust and the Heritage Lottery Fund to deliver the Townscape Heritage project. We also provided assistance to an Gaeláras and the Inner City Trust to purchase and conserve two very important listed buildings.”
“I thank Mr Eastwood for that question. The built heritage of Derry, as Mr Eastwood well knows, is a key selling point for the city, in the attraction of visitors and the encouragement of inward investment.”
“We were able to secure from DfT funding that will enable us to provide three additional jobs in DVA to enforce the levy and £0·75 million that can be spent on automatic number plate recognition cameras that can be used not just around levy enforcement but to help DVA with the other checks that it has to do to ensure the roadworthiness and safety of the vehicles using our roads here in the North.”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. I thank Mrs Cameron for that question. As outlined in my initial answer to Mr Brady, had I not decided to proceed with enforcement of the levy here through the DVA, the Department for Transport, due to EU regulation and rather than face EU infractions, would have had no option other than to come here to enforce the levy itself. I indicated during the debate and again today that having one local agency doing that could, should and will work to the advantage of these hauliers, rather than having multiple agencies carrying out roadside checks that would lead to delays that would inevitably and definitely have a detrimental impact on the business of hauliers.”
“If we, Mr Brady or the hauliers themselves are able to provide evidence of any detrimental impact being caused to business by this levy, the enforcement and implementation of the levy here in the North could be reviewed.”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. I thank Mr Brady for that supplementary question. This was the subject of a long enough debate last week. Coming from a border constituency myself, I fully recognise the impact that the levy could have on cross-border trade and cross-border traders. Prior to making the decision, I engaged in exhaustive correspondence and negotiation with my counterpart in the Republic of Ireland and the Department for Transport in London with a view to initially avoiding the introduction of the levy here and then seeking exemptions around particular routes, the A5 being one of particular relevance to my constituency and that of others. I secured from Minister Robert Goodwill in the Department for Transport a commitment that this would be monitored.”
“If DVA were not to enforce the levy, the Department for Transport would have no option but to introduce its own enforcement regime in the North. I do not consider that Irish hauliers would benefit from another enforcement agency operating here, as that would significantly increase the chance that they would be delayed en route as a result of encountering multiple roadside checks. In addition to the greater efficiencies that having the DVA enforce the levy would bring, there are financial benefits in staff and equipment resources that will give the DVA greater flexibility in ensuring that road transport in Northern Ireland is as safe as possible.”
“The HGV road user levy is a UK Government tax, which was brought in by Westminster on 1 April 2014. Whilst I remain concerned and continue to monitor the impact of the levy on hauliers on this island, I believe that my pragmatic decision that the Driver and Vehicle Agency (DVA) will enforce payment of the levy alongside its normal activities will have the least detrimental impact on hauliers. Therefore, I have no plans to reverse the decision. On 4 November, the Assembly affirmed my decision by voting down the prayers of annulment against the five statutory rules that provided for domestic enforcement of the levy by fixed penalties. <BR /> <BR />The levy has been developed in compliance with EU rules on road user charging. To avoid infraction, the UK Government must ensure that payment of the levy is enforced.”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. I thank Mr Dallat for his supplementary. As he pointed out, I referred to that decision in a previous answer. It is my understanding that Limavady council or members thereof are seeking legal advice, as is required, to establish whether the decision to defer making a decision qualifies as a decision. He rightly said that the decision to defer making the decision was controversial and could be very detrimental not only to leisure provision in the Dungiven area but to community relations in the new council area.”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle agus go raibh maith agat don Uasal Campbell as an cheist sin. I thank Mr Campbell for that question. The major decision to which he refers is one that he may deem controversial; however, I am not sure how many others do. As the legislation and the regulations are about protecting the rights of minorities, he may feel that that warrants a call-in. He says that it is inevitable, but I have yet to hear of any approach by the council or any of its members. Perhaps, they are seeking the legal advice that is required before anyone goes down that route.”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. I thank Mr Elliott for his question and supplementary. The supplementary was not as complex, nor will my answer be, you will be relieved to hear. <BR /> <BR />No council has officially gone down that route. However, there have been representations and questions from a couple of councils regarding particular decisions. There have even been questions as to whether decisions that have been made were decisions or not, let alone whether they could be called in. One that springs to mind is the representation made by Limavady council on the decision to defer making a decision on leisure facilities in Dungiven. There have been a couple of queries, but there has been no concrete action from any council on this matter, much to my relief.”
“In addition, the local government regulations specify that a council's standing orders must include provision that a qualified majority is required in relation to a council's decision on a call-in made on the ground of disproportionate adverse impact. Section 38 provides the Department with an enabling power to specify in regulations the provisions that a council must incorporate in its standing orders. <BR /> <BR />As I indicated during the passage of the Bill in the Assembly, my Department intends that the call-in procedure will be specified in regulations made under section 38 as a mandatory aspect of the council's standing orders, which will ensure a consistent procedure across all councils.”
“Section 41 also requires a council to make provision in its standing orders to require the clerk to the council to obtain the opinion of a practising barrister or solicitor where the call-in has been requested on the grounds that the decision would disproportionately affect adversely any section of the inhabitants of the district. <BR /> <BR />Section 37 of the Act, which also came into operation on 2 June, places a duty on a council to make standing orders for the regulation of the proceedings and business of the council. Therefore, during the shadow period, a council is under a statutory duty to make provision for the call-in procedure.”
“I am committed to ensuring that the protections for the interests of minority communities in council decision-making, which are enshrined in the Local Government Act (Northern Ireland) 2014, apply to all decisions by the new councils, including those taken during the shadow period. Many of the decisions will establish the framework and ethos within which a council will operate once it takes on its full responsibilities from 1 April 2015. <BR /> <BR />Taking that commitment into account, section 41 of the Act, which makes provision for members to request the reconsideration, or call-in, of a council decision in specified circumstances, was brought into operation by commencement order from 2 June 2014 and is therefore available to members of a new council during the shadow period.”
“However, I must also recognise that we take full account of the statutory planning process, which will include the Belfast metropolitan area plan (BMAP) and policies contained in the HMO subject plan. <BR /> <BR />I recently met the Mayor of Belfast, Nicola Mallon, about concerns that the council had with regard to some of the proposals and potential proposals and their impact on not just the built heritage but the amenity of local communities, as I said. A holistic approach to assessing and dealing with those applications is necessary to ensure that the right and appropriate balance is struck between built heritage and the economic benefits that can and should come to the local communities with investment in that area.”
“I thank Mr Maginness for not just the supplementary question but the virtual tour of the north of Belfast. <BR /> <BR />I am committed to ensuring that my Department plays its full role in ensuring that the provision of student accommodation has no detrimental impact on the built heritage or the amenity of local communities. In order to achieve that and to maximise the benefits associated with investment in the area of north Belfast — there has been quite a lot of publicity around proposals and potential proposals in your constituency — I have asked my Department to explore options to develop a comprehensive approach to that form of development.”
“<BR /> <BR />As for strengthening this policy, or perhaps giving more weight than is currently given to conservation officer reports, the Member will be aware, as will other Members, particularly those on the Committee for the Environment, that work on the strategic planning policy statement (SPPS) is well under way. We have had over 700 responses to the consultation on the draft SPPS. A summary of those responses went to the Committee just last week or the week before, and my officials and I are working through them. This SPPS is not and, in my opinion, should not be merely a consolidation of existing planning policy statements but a great opportunity to improve them. <BR /> <BR />Conservation issues will be in the mix. I will also look to see how and whether this particular element can be improved.”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. Go raibh maith agat as an cheist sin. I thank Mr Kelly for that supplementary question. <BR /> <BR />First, let me assure Mr Kelly and the House that these reports are not ignored, however it may seem. Believe me, I have heard concerns that they are ignored or that, shall we say, sufficient weight is not always — even not often — attached to them. As I said, the report of a conservation officer is a material consideration that must be balanced with other material considerations for each application. Each application is unique and assessed on its own merits or otherwise.”
“<BR /> <BR />The Department must give full regard to all material considerations, including the policy guidance set down in chapter 7 of Planning Policy Statement 6, 'Planning, Archaeology and the Built Heritage'; the advice and guidance in the relevant conservation area document to which the proposal relates; the relevant development plan; consultee responses; council views; objections; and any other representations made.”
“My Department has a statutory duty to pay special attention to the "desirability of preserving or enhancing" the character or appearance of conservation areas under article 50(5) of the Planning (Northern Ireland) Order 1991. The Department has planning officers with particular expertise in conservation matters, and their advice is sought on development proposals that may impact on a conservation area. This advice is one of a number of considerations taken into account when reaching a planning decision.”
“However, evidence from the other jurisdictions to which Ms Lo refers shows that with age comes responsibility and a reduction in the likelihood of involvement in collisions.”
“<BR /> <BR />Recent figures demonstrate that the number of people currently achieving a full licence prior to 17 and a half years of age is limited. It is estimated that around 540 persons aged under 17 and a half currently hold a restricted or R-plate driving licence or have passed a test and not yet applied for their licence. This represents some 4·4% of the population in that category. <BR /> <BR />The fact is that, if we allow people to start learning at 16 and a half and introduce the mandatory minimum learning period of one year, people will not be on the roads until they are 17 and a half. As I have highlighted through those statistics, currently, there are people driving before they reach 17 and a half. There is an old adage that, if you are good enough, you are old enough.”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. I thank Ms Lo for her questions. She is probably quite right in that people giving evidence to the Committee are questioning my logic. It is not just people who appear before Committees in this place who question my logic or the logic of many others here. <BR /> <BR />The issue of reducing the age at which someone can start learning, however, is something of a red herring. The impact of a minimum learning period on increasing the full licensing age to 17 and a half, which this legislation also does, limits the fact that provision is made in the Road Traffic (Amendment) Bill to reduce the provisional age to 16 and a half, as Ms Lo has pointed out.”
“The taxi legislation, with which Lord Morrow is very familiar, requires new training for drivers on an annual basis to ensure that their standards of driving remain extremely high. Again, people might ask whether ordinary drivers should also have to have continued development in that respect.”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. I thank Lord Morrow for his question. The point that Lord Morrow makes is one that has been made before and one that would warrant further exploration, in my opinion. <BR /> <BR />When we talk about road safety, it is not just about drivers and the fitness of people to drive. Look at how we assess fitness of vehicles on the road and their roadworthiness. Vehicles have to be tested after four years and every year thereafter, so people might quite sensibly ask, if someone passes their driving test aged 17 or 18, whether they should not be examined for 70 years thereafter, or however long they may be lucky enough to be able to remain behind a wheel. Then there are our professional drivers, as you might call them, such as HGV or taxi drivers.”
“<BR /> <BR />I believe that the points made by Mr McElduff, which echo those of approved driving instructors and the UFU, are good; I will not ignore them. The Bill, as presented, is not, in my opinion, that which will finally be passed in the House. I am prepared to accept amendments to it and will possibly bring amendments to it myself, all with a view to making a Bill that is workable and which works to reduce fatalities and injuries on our roads.”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. I thank Mr McElduff for the question and his supplementary. The purpose of Committee Stage is to consult. I value input from any organisation and individual that will improve the Bill and road safety. <BR /> <BR />The organisations to which Mr McElduff referred — the Ulster Farmers' Union (UFU) and, of course, approved driving instructors — are most valued by me and will certainly inform us, going forward. However, the contention that rural drivers or those from a farming background are better equipped for driving on the road, merely because they have driven a tractor since they were young, does not, unfortunately, stand up to scrutiny. The sad reality is that the majority of serious injuries on our roads or collisions that result in fatalities occur on rural roads — 80%, in fact.”
“It is this experience of real-life driving, with the benefit of a supervising driver, that the mandatory learning period seeks to encourage. The Bill is at Committee Stage, and I look forward to hearing the Committee’s views on the full range of its provisions.”
“<BR /> <BR />The mandatory learning period provides learners with time to take additional training, to practise and to gain experience on a variety of roads, traffic environments and weather and light conditions. By gaining this experience throughout the year, and during the different seasons and associated weather and light conditions, drivers become better prepared for solo driving after passing the test. The minimum period also accounts for differences in learning ability, which a specific number of lessons cannot address. <BR /> <BR />New drivers are over-represented in fatal and serious collisions. Over the period 2008 to 2012, R drivers, who account for fewer than 1% of licence holders, were responsible for 7% of fatalities and serious injuries. I want to encourage drivers to gain experience before they drive unaccompanied.”
“The mandatory minimum learning period, to which the Member refers, is part of a package of measures in the Road Traffic (Amendment) Bill. The combination of those measures, often referred to as graduated driver licensing (GDL) has been designed to provide new drivers with experience and skills, over time, in lower-risk environments. <BR /> <BR />Integral to any such scheme is a mandatory learning period, within which learner drivers follow a prescribed programme of training. The Bill, as introduced in the Assembly, makes provision for a 12-month mandatory learning period. The rationale of this period is to encourage provisional licence holders to focus on learning to drive and not simply passing the practical driving test.”