Archived press release

Assembly facing salvo of European complaints

27 May 2008

Details were published today of five official complaints to the European Commission accusing the Department of the Environment of breaches of European Law [1]. The unprecedented number of complaints has been compiled by environmental group Friends of the Earth in advance of an expected announcement today by Minster of the Environment, Arlene Foster, on the future of environmental protection in Northern Ireland [2].

John Woods, Northern Ireland Director of Friends of the Earth, said:

"It is nearly a year since the Government's own review [3] recommended an independent Environmental Protection Agency (EPA) but we seem to be no closer to that goal. If Northern Ireland is not serious about protecting its environment then we must turn to a body that is - the European Commission. Seven years ago the Assembly's Public Accounts Committee said  "...we do not consider it satisfactory to have Brussels police Northern Ireland environmental matters on our behalf" and followed this with a call for an independent EPA [4]."

The official complaints, which are currently in draft form, are likely to not only result in a significant risk of fines from the European Court but will cause considerable disruption within the Department of the Environment as it seeks to defend its record throughout the lengthy European legal process.

John Woods continued,

"We appreciate that these official complaints would constitute several spanners in the works of government. But at the heart of this issue is the need for modern, competent  environmental regulation.  The fact that we are driven to this reflects badly on the Assembly's commitment to good government. It is astonishing that rather than choose to follow the widespread consensus in favour of an independent agency [5], it appears that the Executive may be prepared to consider some tinkering at the edges of the current system.

"The focus is now firmly on the three parties in the Executive: Sinn Fein, the UUP and the SDLP, who all made strong manifesto commitments to an independent EPA. That is the platform they were elected on and we expect them to deliver."

Friends of the Earth has made a number of complaints to the European Commission in recent years. So far one on the issue of sewage treatment has resulted in a finding against Northern Ireland in the European Court of Justice and is likely to lead to fines [6].  The most recent complaint brought a decision of the High Court in Belfast to the attention of the Commission. The Judge had stated that in order to comply with European Law it may be necessary to create an independent environmental protection body.[7]

Notes

[1] (back) The five complaints are:

i. Bathing Water Directive (76/160/EEC). The complaint focuses on the repeated failures of bathing waters at Newcastle and Ballyholme to meet mandatory standards and the fact that planned improvements will not deliver compliance with the Directive.

ii. Urban Waste Water Treatment Directive (91/271/EEC); Fresh Water Fish Directive (2006/44/EC); Groundwater Directive (80/68/EEC). This complaint shows that the increasing concentrations of housing in the countryside and the proliferation of septic tanks, is causing breaches of a range of European standards.

iii. End-of-Life Vehicles Directive (2006/44/EC). The issue here is that a very small proportion of scrap yards in Northern Ireland are licensed to scrap vehicles. The Directive requires licensing and monitoring of the process with a certificate of destruction being issued for each vehicle. The illegal storage and dumping of end-of-life vehicles is widespread in Northern Ireland  and causes breaches of a number of Directives.

iv. Article 10 of the Treaty of Rome. Crown Immunity was removed from Water Service when it became Northern Ireland Water. Attempts to establish a form of 'corporate immunity' from prosecution for pollution were stopped after pressure from the European Commission, instigated by Friends of the Earth. Despite this, an agreement between Environment and Heritage Service and NI Water contains a number of flaws which removes EHS's ability to enforce European law in a number of circumstances. This is a breach of one of the key articles of the Treaty of Rome.

v. Urban Waste Water Treatment Directive (91/271/EEC). This complaint focuses on Northern Ireland Water's capital works programme and the fact that it does not include adequate investment in 'collection systems'
(the network of pipes and pumping stations that deliver sewage to sewage treatment works as well as stormwater overflows) many of which date back to the 1800s. It is accepted that Northern Ireland is in daily breach of the Directive but the Commission will not find it acceptable that the problem is not being addressed in a timely fashion.

[2] (back) The Minister made her announcement in the Assembly on Tuesday 27th May.

[3] (back) The Review of Environmental Governance (REGNI) lead by Tom Burke submitted it's report to the Minister on Tuesday 19 June 2007.

[4] (back) Public Accounts Committee Report on the Control of River Pollution, February 2001.

[5] (back) A wide variety of stakeholders including party leaders, the CBI, the Quarry Products Association and a range of other organisations and senior figures recently joined the call for an in dependent EPA.

[6] (back) European Court finds Northern Ireland guilty of sewage pollution.

[7] (back) Minister Foster faces European scrutiny.

Friends of the Earth Northern Ireland
7 Donegall Street Place
BELFAST
BT1 2FN
Tel: 028 9023 3488
Fax: 028 9024 7556
Email: foe-ni@foe.co.uk.

Published by Friends of the Earth Trust