Sanctions for Polluting Waterways

3. Mr Burns asked the Minister of the Environment what plans she has to increase the severity of sanctions imposed on individuals or businesses that repeatedly pollute rivers or other waterways.        (AQO 3613/08)

The Minister of the Environment: The sanctions imposed for causing environmental damage are entirely a matter for the courts. However, taking into account the independence of the judiciary, on three occasions since 1996 the Department has taken up with the Northern Ireland Court Service the level of fines being imposed and the fact that some fines do not reflect the severity of an incident.

To date, the maximum fine of £20,000, under the Water (Northern Ireland) Order 1999, has not been imposed, with the average fine imposed in 2007 being less than £2,000. However, the steps that the Environment and Heritage Service (EHS) is taking on better regulation will provide more protection than might otherwise be achieved by raising the limit on fines. The proposed establishment of an EHS-wide environmental crime unit is part of the programme of better regulation, and it will provide a greater focus on serious or repeat offenders. Technical or minor offences will be dealt with through a wider range of administrative penalties and sanctions.

Mr Burns: I wish to draw the Minister’s attention to the frequency with which the Glenavy River is polluted. Does the Minister agree that fining large companies a few thousand pounds for repeatedly polluting our waterways is nothing more than a slap on the wrist, which they simply ignore?

The Minister of the Environment: As I said, the level of fines imposed is essentially a matter for the judiciary, and I am sure that everyone in the House respects its independence. However, with my better regulation agenda and the establishment of the new agency, we will have an agency-wide environmental crime unit. We will look at ways in which to deal with that issue in the agenda of environmental crime, including education visits, compliance visits, having better regulation, and, if necessary, taking enforcement action. As the unit will be risk-based, it will deal with polluters who are failing to comply with the regulations and how they should be held to account. Acting proportionately and having education first will bring about the understanding and respect for the environment that is needed in Northern Ireland.