Archived press release

Europe challenges NI on Crown Immunity

26 June 2006

The European Commission has demanded an explanation as to why Northern Ireland's Water Service enjoys 'Crown Immunity' from prosecution for water pollution. In what is likely to be a first step towards formal legal action [1], the Commission has written to the UK Government [2] as a result of an official complaint by Friends of the Earth [3]. The environmental group has told the Commission that while businesses and farmers can be fined for causing pollution, there is no means of punishing the government owned Water Service for its serial sewage pollution offences.

Meanwhile the Government is to change Water Service into an arm's-length 'Government owned company' in 2007 [4]. The new company will no longer enjoy Crown Immunity but will be legally protected from prosecution for pollution for nearly two years [5].

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

"It beggars belief that while the European Commission is making its first move towards legal action on the issue, the Government is planning to replace Crown Immunity with 'Corporate Immunity'. This looks like a pretty clear two fingers to the Commission. The Minister, David Cairns MP, seems more concerned about protecting the interests of the directors of the new company that in protecting the environment."

The new water company will inherit a large number of sewage works that fail to meet legal standards [6]. The DOE's Environment and Heritage Service (EHS) is responsible for enforcement but under the Minister's proposals will not be able to take 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 it is completely wrong to grant immunity from prosecution. It is up to the environmental regulator, not the Minister, to decide when to prosecute. It is completely unacceptable that EHS has to operate with one arm tied behind its back. Reluctantly, we will be pressing the European Commission to expedite action against the Government for its flagrant disregard for European law."

The substance of Friends of the Earth's complaint to the European Commission is that Water Service's Crown Immunity means that there is no means of enforcing European legal pollution standards. The complaint argues that it is clear from Article 10 of the Treaty of Rome and its interpretation by the European Court of Justice that Member States are required to ensure the effective enforcement of rights and obligations under EU legislation.

John Woods commented, "It follows that not only is Crown Immunity inconsistent with the UK's obligations under EU law but that the planned 'corporate immunity' is equally in breach."

Notes

1. Legal action against Member States by the European Commission is usually preceded by a Letter of Formal Notice and a Reasoned Opinion. An unsatisfactory reply by the UK Government to the Commissions current enquiries will trigger this process.

2. Information contained in letter from European Commission to Friends of the Earth, 3 May 2006.

3. www.foe.co.uk/resource/evidence/water_service_immunity.pdf (PDF)

4. www.waterreformni.gov.uk/

5. Draft Water and Sewerage Services (Northern Ireland) Order 2006, Explanatory Memorandum, para 153.

6. Water Service data shows that approximately 35 waste water treatment works will fall below European standards when the new company is formed in April 2007.

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Friends of the Earth Northern Ireland
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Published by Friends of the Earth Trust