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Friends of the Earth takes legal action on blue flag beach bungle

Friends of the Earth has initiated a legal process that could see huge fines imposed on Water Service for the breaches of sewage pollution law that led to the loss recently of coveted blue flags at three Northern Ireland beaches [1]. The pressure group today published its official complaint [2] to the European Commission, insisting the action could result in Northern Ireland's conviction in the European courts and the imposition of enormous daily fines.

Pollution Campaigner Lisa Fagan explained that, despite being Northern Ireland's biggest polluter, Water Service cannot be prosecuted in the domestic courts because it enjoys crown immunity:

'Instead we have reported Northern Ireland's persistent breaches of European sewage pollution law [3] to the European Commission, in the hope they will prosecute Water Service in the European Court of Justice. If fines are imposed they could exceed £100,000 per day.'

Friends of the Earth's complaint draws the Commission's attention to discharges of completely raw sewage into coastal waters at Portrush, Larne, Bangor and Donaghadee. It also reports the discharge of inadequately treated sewage into numerous inland waterways, in particular Lough Erne and Lough Neagh. Ms Fagan insisted that Water Service must be called to account:

'Water Service is in persistent breach of a law designed to protect public health and the environment, and now their negligence has resulted in the loss of blue flags at three popular coastal resorts. They can escape prosecution in the domestic courts but if our complaint is successful, they will face the music in Europe. The prospect of huge fines may be just the sort of wake-up call that's required to accelerate the pace of investment in our failing sewage system.'

Notes

[1] (back) Three beaches which attained a blue flag last year have this year lost their blue flag. They are Millisle, Portrush East and
Portstewart. These beaches lost their blue flags because their water quality was compromised by sewage pollution.

[2] (back) The complaint can be found here (PDF format).

[3] (back) The European Urban Waste Water Treatment Directive.

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