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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“The previous Minister of the Environment again considered this issue as part of his review into the operation of PPS 21. That review reported in July 2013. As part of the review, he met former members of the IWG to hear, at first hand, their expert perspectives on the matter. The advice was reiterated that the term "non-farming rural dweller" is difficult to interpret and define and should not, therefore, be used to create a special category of planning policy. <BR /> <BR />Notwithstanding the above, Members will be aware that my Department recently consulted upon a draft strategic planning policy statement (SPPS) for Northern Ireland.”
“I cannot speed. <BR /> <BR />The Member will be well aware of the background to this issue and that this matter has been subject to considerable examination in the past. As part of the development of planning policy statement (PPS) 21, an independent working group (IWG) was established to consider the issue of non-farming rural dwellers. The group was chaired by Jim Mackinnon, the then chief planner for the Scottish Government, and involved experts from the fields of planning, the environment, rural development and the legal profession, who each brought their individual expertise to the project. <BR /> <BR />At the time, the IWG reached a number of conclusions, including:”
“Le do chead, a PhríomhLeas-Cheann Comhairle, glacfaidh mé bomaite sa bhreis leis an cheist seo a fhreagairt. With your permission, Mr Principal Deputy Speaker, I would like a wee bit of extra time for this answer.”
“However, I must make the point that people from rural areas, particularly young males, are over-represented in the casualty figures — not so much as fatalities but as the cause of fatalities, collisions and casualties. There is a historical over-representation of people from and in rural communities. <BR /> <BR />It is important, of course, that we listen to the concerns raised. It is important that whatever we end up or come out with is workable and enforceable, and it has to be effective. That is my aim.”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. I thank Mrs Overend for that question and welcome the fact that she recognises the merits of the Bill as it stands. No doubt, it will retain many merits and, hopefully, contain improvements once it has got through Committee Stage and the other stages that it must go through before it becomes law. <BR /> <BR />At First Reading, concerns were raised by some representatives about some sort of disproportionate impact that the legislation might have on people living and driving in the countryside. I assure the Member that I will take account of all points raised at any stage throughout this process.”
“Of particular interest to the Member might be the work ongoing, albeit more slowly than we would like, on the mutual recognition of penalty points in both jurisdictions. That will be a vital cog in closing the gaps in the system for bad and irresponsible drivers who float between jurisdictions, putting people's lives, including their own, at risk in doing so. <BR /> <BR />The Road Traffic (Amendment) Bill is progressing — well, I hope that it is progressing — through Committee Stage, and the Member will be very familiar with that. Through the Bill, we hope to change the drink-drive limits here to bring them into correlation with those in the Republic. That will reduce or eradicate the grey area that some people exploit wittingly or, in many cases, unwittingly.”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. Gabhaim buíochas leis an Uasal Ó Baoighealláin as an cheist. I thank Mr Boylan for that question. <BR /> <BR />There exists a very good working relationship between my officials dealing with road safety and their counterparts in the Republic of Ireland. We share the same roads. Daily, many of our drivers use roads in the Republic, and many drivers from the Republic use our roads, so it is only right and sensible that we work closely on issues of road safety. <BR /> <BR />At North/South Ministerial Council meetings with the Environment Minister from the South, I raise regularly the need to work closely on issues of road safety.”
“However, it is important that the ads are hard-hitting, and the evidence suggests that the more hard-hitting they are, the more impact and influence they have on drivers' behaviour.”
“I do not claim that DOE road safety advertising should get sole credit for the reductions, but education, enforcement and engineering have all had a role to play in improving road safety. <BR /> <BR />Our campaigns have played and will continue to play a significant part in our aspiration to work towards zero road deaths. We have extensive evidence that people watch, are aware of and are influenced by our advertising campaigns. I certainly would not sanction expenditure on something if I was not provided with evidence or was not convinced that it represented value for money. Numerous studies have been done over the years that have shown how many lives have been saved through advertising. <BR /> <BR />As regards the upset that may be caused to families of victims, that is obviously not the intention behind any advert.”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. I thank Mrs Cameron for her question. She correctly referred to the high number of deaths this year, which stands at 62. We must bear in mind that, five years ago, we had 115 deaths in one year. Improvements have been made, and we have reduced the number of lives being lost on our roads, although, sadly, that figure seems to be on the way up again this year. One death on the road is one too many. <BR /> <BR />The reduction that I spoke about — we have gone from being one of the countries in Europe with the most dangerous roads and the highest rates of fatalities, collisions and casualties to being one of the safer countries — is without doubt attributable in some part to the DOE advertising campaigns.”
“All Ministers regret any cuts that they have to make in their Department, and I particularly regret any cut that might have a detrimental impact on road safety and put people's lives at risk. However, the cuts are the outworkings of a flawed Budget that was voted for in the Assembly almost three and a half years ago. It was a four-year Budget that was not fit for purpose: it is never possible to vote for a four-year Budget that will still be fit for purpose four years later. However, that has nothing to do with welfare reform and my party's position on it.”
“I thank Ms Lo for her question, but it is somewhat misdirected. I recognise the value of the work that organisations carry out through the grant to which she refers. However, I fail to see any correlation between welfare reform, and the current impasse around it, and budgetary positions. It has been well publicised — Ms Lo's ministerial colleagues may have shared this with her — that the decision taken by the Executive just last week on the loan has kicked the welfare reform issue down the road. The cuts associated with the impasse on welfare reform have not been seen yet. <BR /> <BR />We are all seeing cuts, and I am sure that we all regret that we are seeing them.”
“The financial situation will require us to continue to work in a joined-up way across government and, indeed, society to do things that make us all, as road users, improve our behaviours. That is a challenge to which my officials and their colleagues in other government and community organisations are already rising, with, for instance, extensive engagement on cycling, motorcycling and enforcement.”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. I thank Mr McKinney for his question and his supplementary question. <BR /> <BR />As 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 my road safety partners. However, I remain fully committed to working with stakeholders to improve road safety and to reduce casualties and, particularly, of course, fatalities. <BR /> <BR />Reductions in funding will make a number of activities more challenging, including the creating and airing of road safety advertising by DOE, roads maintenance and improvement by DRD and on-the-ground enforcement by the PSNI and the Driver and Vehicle Agency.”
“<BR /> <BR />I launched two new road safety campaigns this year, which address cyclist safety and inappropriate speed. We are also developing a strategy to improve motorcyclist safety and are taking forward a fitness-to-drive review to consider the factors that increase risks for older road users. I believe that those measures, along with others that are carried out by my Department and our partners, will help to save lives on our roads.”
“That work concluded that the effects of the recession played some part, directly or indirectly, in the reductions in NI road fatalities in the period. However, based on the available evidence set out in the paper, the economic situation could not be said to be singly responsible. <BR /> <BR />The effects of the recession appear to have included more fuel-economic driving, which would have seen a reduction in speeding and an overall reduction in distances travelled. The recession may also have led to a reduction in drink-driving. Economic factors could also account for the reduction in young male drivers. In those indirect ways, the recession may have reduced road fatalities, despite counter-factors such as an increase in the age of the vehicle fleet. Previous recessions in Britain have also seen reductions in road fatalities.”
“I am extremely concerned by the number of road deaths this year. My sincere sympathy is with all the families and communities affected by those tragedies. <BR /> <BR />My Department continues to take a range of actions to reduce deaths and serious injuries on our roads. We focus on the principal collision causation factors and the groups that are over-represented in the casualty figures. Those are a key focus of the road safety strategy to 2020. Over 100 of the 224 action measures in the strategy have been completed, and they address issues including changes to road engineering, changes to the driving test, and the setting up of a PSNI collision investigation unit. <BR /> <BR />My Department has also completed analysis of the reasons for the fall in road casualties in the period 2009-2012.”
“<BR /> <BR />Mr Ó hOisin went on to the issue of bonfires, as did others. I am determined that the agency will work more closely and harder with councils on that issue. Councils have the lead on that, but I am determined that the NIEA will play a full role in addressing the scourge of bonfires as well.”
“I have commenced a restructuring of the NIEA with the aim of eradicating situations where, as Mr Wilson described it, one branch of the agency does not know what the other is doing or saying and to make the agency more customer-focused, with a single point of contact. He asked if I think the NIEA is fit for purpose: I have asked for a root-and-branch review of the agency. That is under way. It is a structure that I inherited and my predecessor inherited, and it is one that we hope to improve to get the best out of the agency for the environment and for the people of the North. <BR /> <BR />Mr Wilson recounted his constituent's tale of woe, which, at least, was a bit more accurate than Mr McMullan's musings over the airwaves have been. The full facts of that matter will emerge in due course.”
“A tyres working group has been established to assist the Department in the drafting of new regulations to underpin the structures recommended in the draft report. The group has met several times and includes a representative from DOE. <BR /> <BR />I want to be clear that waste tyres not only pose serious risks to health but present considerable risks to the environment. Mr Wilson and others have highlighted considerable flaws, as they see it, in the current system. Let me assure all who have remained in the House until this time of my desire and, indeed, the agency's determination to ensure that we have a system that is easy to understand and easy to comply with.”
“Discussions have commenced regarding proposals for a new used tyre scheme in Ireland and the potential for a complementary scheme here in the North. I can advise Members that the main producer responsibility initiative review in the Republic is at an advanced stage, and it is expected that the final report will be published before the end of this year. The report dealing with waste tyres was published in November 2013 and was subject to a period of consultation until the end of January this year to allow for the fullest consideration of the report. The Department of the Environment, Community and Local Government has been meeting stakeholders to discuss the report, and it is expected that the report will be finalised in the near future.”
“I thank the Member for his intervention. Just because something has been there for a long time does not mean that it should have been there all that time or that it should have been allowed to accumulate over that time and, indeed, into the future. As I said, there are guidelines on how many tyres are required on a farm for the conducting of a farm business. Flexibility exists in those guidelines for the very fluctuations that Mr Beggs outlined in his speech. <BR /> <BR />I am keen that we approach the issue of regulating waste or used tyres on an all-island basis, as it makes common sense that we cooperate with our neighbours in dealing with the issue. Indeed, Mr Wilson referred to an operator who was convicted of the illegal disposal of tyres in Donegal.”
“<BR /> <BR />Guidance on the use of tyres on farms has been produced and incorporated into the single farm payment form. I am aware that DARD has no statutory role in this legislation but seeks information from farmers via the single application form regarding the number of tyres present on the farm business. This information is then passed to NIEA.”
“I thank the Member for his intervention. I can understand his confusion, which I share, but it is something I will address before I conclude my speech. <BR /> <BR />I am very aware that farmers may keep waste tyres on the farm to reuse in agricultural activity. An example of this, as Mr Beggs mentioned, would be for use in silage clamps. However, it is important that the quantity of tyres should not exceed the number required for the silage clamps. If a farmer wishes to bring waste tyres onto the farm, the farmer must hold an appropriate waste authorisation. The transport must be undertaken by a registered waste carrier, complete waste transfer notes must be produced and these must be retained by the farmer. A waste exemption is also required from NIEA that costs £825 and lasts for three years.”
“<BR /> <BR />I have also asked my officials to work hard to create the conditions that will support the recycling and reuse of significant amounts of used tyres in a series of products. Just recently, NIEA met with a major tyre recycler in north Antrim to help put in place the conditions that will support the potential recycling of up to 5,000 tons of used tyres. I will come on now to the use to which Mr Wilson referred. Those tyres will be recycled into shredded tyre crumb, which can then be used at the bottom of landfill sites as filter material.”
“<BR /> <BR />Under the Waste Management Licensing Regulations 2003, it is the responsibility of anyone who produces, collects, stores, treats, reuses or deposits waste or used tyres to minimise the risk to the environment, human health and animal welfare. To that end, we are also working in partnership involving four local councils through a pilot study set up by my Department, where NIEA staff and council environmental health officers carry out joint inspections of part-worn and waste tyres at tyre retailer premises to regulate the duty of care — in effect, a control on the disposal route for waste tyres. To date, joint inspections of tyre retailers have taken place in Cookstown, Ballymoney and Antrim District Council areas.”
“The key outcomes of the plan include: understanding the problem; effective regulation and enforcement; exploring alternative uses; examining policy options; and developing effective guidance for the relevant sectors <BR /> <BR />Examples of the outputs from the plan include the production of key guidance in the form of a regulatory position statement, 'Used Tyres — The Risks and Your Responsibilities’. The guidance clearly highlights the risks and clarifies the responsibilities for those dealing with and handling part-worn and waste tyres. The guidance has been placed on the Environment Agency website.”
“The potential risks are numerous and include the use of waste or used tyres on bonfires, as Members have alluded to, generating toxic fumes, which are dangerous to health, produce unsightly burnt residues, damage properties, roads and open spaces and impact on Northern Ireland's economy. The leaching of chemicals from stockpiled tyres can have a devastating impact on farmland. Leaching into local rivers kills fish and potentially puts our drinking water at risk. The use of unsafe part-worn tyres can cause road traffic accidents, which result in serious injury or loss of human life. <BR /> <BR />My Department continues to progress the key actions in its waste tyre action plan in order to try to deal with the many problems. We do that through partnership.”
“Waste or used tyres and their storage can represent a huge risk to the environment, human health and animal welfare. We have seen at first hand that major fire incidents can occur at sites used for the large-scale storage of waste or used tyres. Everyone should be aware that burning tyres generate toxic fumes and by-products that are extremely dangerous to human and animal health. Tyre fires can be extremely difficult to extinguish and have been known to burn for many weeks. In addition, where waste tyres are stockpiled, leaching of chemicals onto land and into rivers may also occur, posing a big risk to animal and human health. <BR /> <BR />In particular, tyres pose considerable risk to the environment and must be handled and disposed of properly.”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. I thank Mr Wilson for bringing this very important issue to the House this evening. As Mr Ó hOisín outlined in his opening remarks, this is an issue that is not, unfortunately, exclusive to one constituency. I welcome the motion that has been proposed by the former Minister of the Environment. Mr Deputy Speaker, you will be relieved to hear that I am going to avoid any puns today. I know that the tyre jokes got a bit out of hand on the last day that we had "Mitchel-in" the Chair.”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. I thank the Member for his question. I am delighted to be able to give him the assurance that the appropriate staff will be transferred. When we are looking at the transfer of planning staff across the council areas, we look at existing and historical applications in those areas and the volume of current live cases or those that have historically been processed in those areas. The same applies to enforcement. If you see one council area that deals with 10,000 applications and 350 enforcement cases a year, you will obviously allocate more resource to that council area than you will to a council area that deals with 5,000 applications and no enforcement cases because people there play by the rules.”
“Go raibh maith agat as an cheist. The voluntary and community sector certainly has an extremely important role to play and will have an extremely important role to play once the new councils are established and up and running. Sorry, I assume that they will: it will very much be a decision for the new councils. However, in my opinion, it would be foolish of them to disregard the undoubted expertise and experience that exist in that field, particularly when they are taking on new functions such as community development and urban regeneration. That is why I am determined that community planning fulfils its potential as such a powerful tool to effect real change in the communities in which we live. If it is to do so, it will need the, I suppose, participation of many sectors, not least the voluntary and community sector.”
“<BR /> <BR />Now that we are just eight months or so away from "V" day or vesting day, there obviously seems to be a renewed sense of urgency. I believe that we can work well with that sense of urgency but have to work hard to ensure that it does not become a sense of panic.”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. I thank Mr Milne for the question. I think that you are going to have to stop getting Sean McPeake to do these questions and get someone else instead. <BR /> <BR />A lot of structures and subgroups and that are in place. Mr Boylan, I am sure, will be able to fill you in on the exact names and functions of all of them, but a lot of work is being done on the reform of local government. I am glad to say that all that work is being done in conjunction with local government. That is vital. It cannot be seen that we are imposing the reform on councils; they have to see the rationale behind it, the reasons for it and, indeed, the advantages of it. Most of that work is being done to good effect.”
“I thank the Member for his supplementary question. Not too long ago in this Chamber, as part of my root-and-branch review of NIEA, I outlined four new operating principles for the agency. One of those, and possibly the most important, was to make the agency more customer-focused and customer-friendly. When we talk about "customer" — I am not sure that I even like the word, but it is based on a customer service model — we are not talking merely about developers who need NIEA's assistance or consultation responses to get permits; we are also talking about members of a community — people living out there who feel that their environment is being damaged. They should know that they are able to contact the agency and that it will take their report seriously and act upon it.”
“I thank the Member for not asking me anything else about local government. However, I kind of now wish that he had. He asked an extremely specific question. I outlined earlier that my role as Minister for the Environment and the Department's role as the Department of the Environment is all about protecting the environment. I assure the Member that, should he furnish me with further detail on the case in Donaghadee to which he refers, I will ensure that the Department takes swift and robust action.”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. I concur entirely. While it is important that the councils have autonomy, it is vital that we have a degree of uniformity, as the Member put it. It is important to emphasise that the Department will retain an oversight role. I anticipate that, in the formative months and perhaps even years, there will be quite a lot of hand-holding with councils to walk them through planning and other functions until they are able to run with it themselves.”
“However, I certainly do not see this as an opportunity for me to make cost efficiencies and save money for the Department. I spoke earlier about the cuts being transferred by another Department, but I assure the House that I will transfer the full budget associated with the planning function to local councils. <BR /> <BR />It is also worth saying that planning generates income, and, while we are starting to see again an increase in the number of applications, it is thought that more applications will come in with an upturn in the economy and councils will generate even more revenue associated with planning.”
“I thank Miss Bradley for her question. Planning belongs in local government, and I know that everyone in this Chamber looks forward to the transfer of planning there, but there are some concerns. Those concerns, particularly around capacity, are shared by those in local government. I am glad to say that an ongoing capacity-building programme is being well participated in by councillors right across the new council areas. I think that it is vital that we build, not just the competence of councillors and staff in and transferring to councils, but their confidence to be able to deal with these often complex and almost always controversial planning decisions. <BR />As regards making efficiencies, I hope that transferring planning powers to local government will allow decisions to be made more efficiently.”
“It is vital that this gets to and through the Assembly.”
“I have heard most Members in the House talk about the great potential of community planning, but without the power that would be vested in it with the passage of that Bill it would be very much a toothless tiger.”
“I thank the Member for her supplementary question. By and large, things are going according to plan — I have to touch wood when I say that. However, one issue of concern has been flagged up by local government and to local government and, more recently, to Executive members. It refers specifically to the inability thus far to have the DSD Regeneration and Housing Bill brought to the Floor of the Assembly. I know that the Minister for Social Development is extremely keen to see it here, and he wrote to Executive colleagues last week outlining the importance of it. That function is integral to the success of the reform of local government.”
“The reform of local government should not cost more money to local government, and that is something that we should be trying to sell to councils and citizens across the North. I do not think that it would go down too well if they see it as trying to pass our cuts on to them, rather than passing our powers on to them. <BR /> <BR />I have written to the Minister of Finance and Personnel and the Minister for Social Development on this issue, outlining my concerns. I have raised the issue on more than one occasion in the Executive. Given that the Executive signed up to it, it is vital that we remain united on it. If local government reform is to work as well as, I am sure, we all want it to work, we need to ensure that any transfer of functions is rates-neutral at the point of transfer.”
“I thank Ms McLaughlin for that question. She is certainly correct in identifying that there are local concerns around the budget that will transfer to local government in association with the functions that will transfer to local government. However, she would be wrong if she were to think that those concerns are only local. I have outlined on the Floor and in other forums my concern that some Departments — well, primarily DSD — have indicated that the transfer of community development will be accompanied by a 4% cut in that budget. <BR /> <BR />I have outlined time and again that functions that transfer should do so at a point that is rates-neutral, and that has been supported by parties in the Executive and the Assembly.”
“I am not sure which question Mr Wilson wants me to answer, a Phríomh-LeasCheann Comhairle, but I have a feeling that I might have to use some of that practice in giving political answers at this juncture. <BR /> <BR />The decision that I made was one that I have the authority to make as Environment Minister. I am responsible not just for planning but for ensuring the protection of our environment. Each application is judged on its merits and assessed in its own right. At no stage have I displayed any prejudice whatsoever, despite the Member's best attempts to get me to do so.”
“Go raibh maith agat as an cheist eile sin. I thank Mr Flanagan for that other question. As I outlined in my answer to a supplementary question from Mr Agnew, I believe that the issue of unauthorised work, not just at that quarry but at any quarry or, indeed, any location across the North, should be taken very seriously, Therefore, I currently have officials looking at the prospect of an enforcement case at the site. It is vital that we understand what went on if we are to be in any way assured that what is proposed is safe.”
“I have therefore concluded that it is an EIA development requiring full planning permission and an accompanying environmental statement and that current permitted development rights do not apply.”
“I believe that there is insufficient information to establish what environmental impacts may have already arisen as a result of those unauthorised activities. Therefore, it is not possible to assess the environmental impact of the drilling cumulatively with other unknown environmental impacts of unregulated activity. <BR /> <BR />In arriving at the decision, I believe that I must proceed on the basis of a precautionary principle. That principle establishes that a risk exists if it cannot be excluded on the basis of objective information and that, in the case of doubt as to the absence of significant effects, a full environmental assessment should be carried out.”
“I have given very careful consideration to Tamboran’s proposal to drill a core of rock from Cleggan quarry near Belcoo and whether that is permitted development under current legislation. I have concluded that it is an environmental impact assessment (EIA) development that requires full planning permission and that permitted development rights do not apply. In making that assessment, I have been mindful of my Department’s responsibility to ensure that the environment is protected at all times and that full consideration is given to any likely significant environmental impacts of such a proposal. I have concerns that it is an existing quarry from which unauthorised extraction has taken place.”
“I thank Mr Craig for his second question, to which he would like a straight answer. I can give an extremely straight answer. He wants an answer about the John Lewis application: there is no application from John Lewis, there has been no application from John Lewis, and my Department is unaware of any pending application from John Lewis.”