Press release

NI Water must be held accountable

6 January 2011

Responding to speculation that NI Water will be re-internalised within central government, Friends of the Earth has expressed deep reservations about the possibility of NI Water returning to the Department for Regional Development.

Water Service, NI Water's predecessor, enjoyed Crown Immunity from prosecution for pollution because it was a Government agency. NI Water was formed amid controversy that immunity from prosecution could be continued for its systemic record of water pollution. After successful campaigning by Friends of the Earth, this situation was reversed and NI Water is now regularly prosecuted as it continues to be Northern Ireland's biggest polluter.

Friends of the Earth NI Director James Orr said :

"There is a danger that NI Water will become even less accountable if it is re-embedded within government. Environmental regulation is already weak enough but the Northern Ireland Environment Agency has begun to make successful prosecutions against NI Water. Bringing NI Water back into central government would be reprehensible if the Sinn Féin Minister for Regional Development hid behind Crown Immunity and made it more difficult for prosecutions to take place. There has always been a deep seated resistance by the NI civil service to prosecute itself. This situation can only be circumvented if a strong element of structural independence between polluter and regulator is continued."

Friends of the Earth believes that responsibility for water and sewage needs to remain an arms length body from DRD, preferably constituted on a mutualised basis.

James Orr continued :

"The failings of NI Water rest mainly about the lack of investment in sewage and water provision, a situation that has continued since Conor Murphy has taken over as Minister for Regional Development. NI water has faced many tough challenges but let us not forget the appalling situation that prevailed when it was immune from prosecution."

Notes

1. Friends of the Earth believes the environment is for everyone. We want a healthy planet and a good quality of life for all those who live on it. We inspire people to act together for a thriving environment. We campaign on a range of issues including climate change, biodiversity, waste, transport and food.

2. Friends of the Earth brought a formal complaint to the European Commission on attempts by the Government to continue Crown Immunity for NI Water. In 2006 the European Commission stated that Crown Immunity placed Northern Ireland in breach of European law.

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Published by Friends of the Earth Trust