Archived press release

Minister Foster faces European scrutiny

1 November 2007

Environment Minister, Arlene Foster, is to come under pressure from the European Commission as the result of an official complaint. Friends of the Earth lodged the complaint today (Thursday 1 Nov) stating that the Minister's failure to create an independent Environmental Protection Agency in Northern Ireland is a breach of European law. The move follows a recent judgment in Belfast's High Court [1] where the judge said that the Department of the Environment had been consulting itself on important planning issues rather than seeking the advice of an independent authority as required by law. John Woods, Northern Ireland Director of Friends of the Earth, said:

"We had hoped that the era of Northern Ireland being dragged through the European legal processes was drawing to a close. Regrettably, the Minister's reluctance to create the kind of independent environmental protection body that exists in the rest of the UK and Ireland means we had no choice but to lodge this complaint. The case for a new agency has been clearly made by the Government's own independent review panel [2]. It is time for the Minister to stop dragging her feet and live up to her title of Minister of the Environment."

The landmark ruling by Mr Justice Weatherup found that Northern Ireland had failed to properly implement a key piece of European legislation called the Strategic Environmental Assessment Directive. The issue was that the DOE's Planning Service was required to seek external advice on the environmental impacts of the Magherafelt and Northern Area Plans. In fact it consulted Environment and Heritage Service which is part of the same Department and the judge ruled that this was in breach of European law. Judge Weatherup went on to say that it may be necessary to create an independent authority [3], a view that has been backed up by senior lawyers in recent days.

Mr Woods continued:

"The concept of an independent environmental protection agency enjoys widespread support, including all the Assembly parties except one. The DUP is acquiring a reputation of caring little for a clean environment. Arlene Foster needs to move swiftly if she is to avoid setting the seal on our reputation as the dirty corner of the UK."

The European Commission is already dealing with a number of official complaints made by Friends of the Earth on the failure of DOE's Environment and Heritage Service to control water and waste pollution. One such case was pursued as far as the European Court of Justice which ruled against the Government [4]. The issue of fines is yet to be decided but these can mount to many millions of pounds. John Woods concluded,

"The Minister has expressed concern that independent environmental protection may be too expensive. I think she will find that the European Court will ensure that not protecting the environment will be a rather more expensive option."

Friends of the Earth wrote to the Environment Minister after examining Judge Weatherup's judgment asking what measures she planned to put in place to comply with European law. No reply has been received.

Notes

[1] (back) The judgement can be found here.

[2] (back) The Review of Environmental Governance made its report to the Minister in May 2007:

[3] (back) Paragraph 16 of judgement (see note 1)

[4] (back) See press release for more information.

Friends of the Earth Northern Ireland
7 Donegall Street Place
BELFAST
BT1 2FN
Tel: 028 9023 3488
Fax: 028 9024 7556
Email: [email protected]

Published by Friends of the Earth Trust