NI Water should 'not be protected' from pollution prosecution

NI Water's protection from public prosecution for pollution incidents should be ended, a review of environmental governance in Northern Ireland has found.

And it has recommended the creation of an independent environmental regulator.

The final report by the panel is described as a "call to action" by the review group's chair, Dr. Viviane Gravey from Queen's University Belfast.

NI Water said it looks forward to reviewing the findings of the report and welcomes discussion on how to improve the condition of its waterways.

Dr. Viviane Gravey is the review group's chair

The report's 32 recommendations cover clarity and coherence, meaningful independence, better compliance, and transparency and accountability.

The Agriculture, Environment and Rural Affairs minister Andrew Muir said he was "fully committed to better and stronger environmental governance" and "fully accepted" the panel's recommendation.

He added that a paper will be brought to the executive soon.

Mr Muir set up the panel in 2024 in response to growing public concerns over the pollution of Northern Ireland's waterways.

The panel carrying out the review consisted of three experts and was led by Dr Gravey.

The other two members were Diane Ruddock, who previously worked for the National Trust for 37 years, and John McCallister, a farmer and former assembly member at Stormont.

(L - R) John McCallister, Dr Vivian Gravey, Diane Ruddock and Andrew Muir

Dr Gravey said "the signals cannot be ignored" and the report was coming at a time of "mounting stress" for the environment in Northern Ireland.

But she said there was more to do.

"Governance reform is an essential element of our response to the climate and nature crises.

"While our call for an independent environmental regulator is significant, this must be accompanied by a broad range of meaningful changes across the governance system, some of which could be implemented very quickly.

"We believe our recommendations, taken as a whole, chart a practical and achievable way forward."

'Duty to co-operate'

There has been growing concern about the state of waterways in Northern Ireland

The new regulator would have oversight of air and water quality, waste management, nature and biodiversity and the marine environment.

The report says the exact scope of responsibility is to be determined.

Among the recommendations is the need for a "map" of environmental governance identifying who is responsible for what, and that all public authorities in Northern Ireland would have a 'duty to co-operate'.

The 2020 New Decade, New Approach agreement committed to the creation of an independent environmental protection agency.

Stormont already has NIEA, which was set up 16 years ago, but it is an agency of the devolved government.

For many years, environmental campaigners have been calling for a new, autonomous organisation that could independently hold polluters to account.

NI Water response

In a statement NI Water said it has been subject to prosecution by the NIEA since Crown Immunity was removed in 2007 and has faced court on a number of occasions.

"It should be noted; fining NI Water will simply reduce the funding available to deliver environmental improvements," a spokesperson said.

They said NI Water is set stringent targets to reduce pollution incidents, that it fully co-operates with NIEA and is regulated through frequent site inspections and regular testing.