Archived press release

Europe acts on Crown Immunity

10 November 2006

The Government is expected to back down over its plans to grant immunity from prosecution to the Directors of Northern Ireland's new water company [1]. In response to an official complaint [2] from Friends of the Earth the European Commission has taken the first step towards legal action [3] against Northern Ireland over the issue of Crown Immunity for water pollution offences by Water Service.

Friends of the Earth's Northern Ireland Director, John Woods, said,

"Government's plans to replace Crown Immunity with 'corporate immunity' for the Directors of the new water company are now in tatters, and rightly so. The European Commission has stated that Crown Immunity places Northern Ireland in breach of European law. For Government to continue with its plans to effectively extend such immunity into the future is likely to guarantee a conviction before the European Court. We expect a full retreat by the Department of Regional Development on this issue"

In April 2007 the new water company will inherit a large number of sewage works that fail to meet legal standards. The DOE's Environment and Heritage Service (EHS) is responsible for enforcement but under the proposed legislation it will not be able to take legal action if the water company fails to meet its timetable for upgrading the sewage infrastructure.

John Woods continued,

"Friends of the Earth does not believe the new water company should be prosecuted immediately for the many highly polluting sewage works it will inherit but the European Commission agrees with us that it is completely wrong to grant immunity from prosecution. It is up to the environmental regulator to decide when to prosecute. It is completely unacceptable that EHS should operate with one arm tied behind its back."

The Government has until early December to respond formally to the European Commission's Letter of Formal Notice.

Notes

[1] (back) Draft Water and Sewerage Services (Northern Ireland) Order 2006, Explanatory Memorandum, para 153 provides for a regulation to be made that would provide a 'due diligence defence against prosecution' for the GoCo (Government owned company) for water pollution offences attributable to the dilapidation of the inherited waste water infrastructure.

[2] (back) Friends of the Earth's complaint on Crown Immunity (PDF) from prosecution of Water Service.

[3] (back) Letter received by Friends of the Earth from European Commission on 30 Oct 06 stating that a Letter of Formal Notice has been sent to the UK Government and including the statement "...the Commission considers that the national legislation applicable to Northern Ireland is not in conformity with the requirements of the Urban Waste Water Treatment Directive." Legal action against Member States by the European Commission is usually preceded by a Letter of Formal Notice and a Reasoned Opinion.

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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