UK watchdog's environment investigation 'concerning'

Agriculture and Environment Minister Andrew Muir says he is disappointed the environment strategy has not yet been published

An investigation of the Department of Agriculture, Environment and Rural Affairs (Daera) by the UK’s environmental watchdog is “unsurprising but very concerning”, the minister has told a Stormont committee.

Andrew Muir said on Monday that he was “bitterly disappointed” about the Executive's failure to approve the plan, which will become Northern Ireland’s first environmental strategy.

The Office for Environmental Protection is examining the failure to publish an Environmental Improvement Plan (EIP), which was due to have been published in July 2023 and has been with the Executive since March this year.

Publishing the EIP is a legal obligation under climate change legislation.

The Office for Environmental Protection’s action is its third investigation into Daera, following other environmental law failures.

'Time is not on our side'

The Office for Environmental Protection's Chief Executive Natalie Prosser said that while good governance was important, the EIP was “essential” for transparency on how government intends to deliver on Northern Ireland’s environmental challenges.

“It should provide a roadmap on to how Northern Ireland’s environment is to be significantly improved," she added.

“We know when it comes to the environment that time is not on our side.

“The recent issues seen at Lough Neagh highlight the need for urgent action to protect the environment.

“The EIP is a vital part of that, and delays to its publication and implementation must be kept to a minimum.”

Environment protection 'coming up every day'

In a “twin-track approach”, the minister has also tabled the Lough Neagh Report and Action Plan.

He added that the EIP had been updated on feedback from the body and welcomed additional funding awarded in the June monitoring round last week.

“Any money my department receives, we will gratefully take it and scale up the interventions we can make in relation to that,” he said.

Mr Muir said the issue of environmental protection was an issue that was “coming up day and daily” in his conversations with people.

Blue-green algae blooms have caused ongoing issues at Lough Neagh, the UK's largest lake

In a statement after the committee, Daera said the decision by the body to open an investigation is "not unexpected".

"Whilst the Office for Environmental Protection has been sympathetic to the reasons for not meeting the deadline during the suspension of the Assembly, it has a reasonable expectation that positive progress should have been made upon the return of ministers," it added.

It added the department's officials will engage "constructively" with the body as it carries out its investigation.

Why is the department being investigated?

Daera was issued an information notice under the Office for Environmental Protection's enforcement procedures on 3 June, but details have just emerged due to the pre-election sensitivity period.

The department has two months from that date to respond and say whether or not it agrees with the OEP’s view and to set out any proposed actions to address the issue.

The EIP is regarded as a blueprint of how the Stormont government will meet its environmental goals.

Key environmental groups, like the Royal Society for the Protection of Birds NI, have previously said the EIP's delay was an "abject failure"

Two complaints were received by the body regarding the failure to publish an EIP.

But the office has launched this investigation independently.

If it finds a failure to comply with environmental law, the body will aim to resolve that through co-operation, dialogue and agreement with public departments and authorities.

Ultimately, it can use its stricter enforcement powers including, if necessary, court proceedings.

'Nature can not wait'

Sean Kelly from Northern Ireland Environment Link said it is "disappointing" that the plan has not yet received necessary support from the Executive Office.

"In a time of climate and biodiversity crises it would be good to get a better understanding of the issues that are currently preventing its publication," he said.

He added there is a "legal and an environmental imperative" that the EIP is published "as a matter of urgency and without further delay" so that all stakeholders "can play a constructive part in its delivery".

In a statement, the Royal Society for the Protection of Birds (RSPB) said it welcomed the watchdog's investigation.

"The publication of the EIP is a legal requirement and this should have happened by 25 July 2023," RSPB NI head of policy John Martin said.

"As we approach the one-year anniversary of this missed deadline for nature, it is critical that the EIP and the steps it sets out for Northern Ireland government to significantly improve the natural environment is published as a matter of urgency.

"There simply is no more time for delay – nature can’t wait'," he added.