There is the “potential” that Stormont has breached the law in failing to improve water quality, the Minister for Agriculture, Environment and Rural Affairs, Andrew Muir, has said.
It comes after a report found that laws to protect water quality are not being implemented as they should be.
The findings by the Office for Environmental Protection (OEP) stated that “serious consequences” are “vividly illustrated” by Lough Neagh, which has been badly affected by blue-green algae.
In its first report to be laid before the Northern Ireland Assembly, the OEP has examined whether plans to improve water bodies will be enough to meet the Water Framework Directive (WFD) NI Regulations.
Based on its assessment, Northern Ireland will miss its own target, which itself is not adequately clear and measurable enough to meet the requirements.
‘Issues of non-compliance’
Speaking on Good Morning Ulster, Natalie Prosser, OEP Chief Executive Officer (CEO), said: “We set out in our report a number of areas where we have concerns the law may have been breached.”
“We may have to pick up on those issues down the road, but if Stormont accepts our recommendations and takes steps now to implement what we’ve asked, to get that plan in place… that should address those issues of non-compliance,” she added.
In response to the report’s findings about possible breaches in the law, Mr Muir said “there is potential we could have”, but he is looking at how to “rectify” that, and says the issue is “solvable”.
Ms Prosser also said a plan should have been in place to manage pressures on Lough Neagh and other loughs, but the “absence” of that has meant no improvement in water quality in Northern Ireland and some deterioration.
She also said: “These are not things that are quick or easy to fix” but pointed out if we “don’t take the steps now, it’ll just get harder and harder to address.”
‘Worrying picture’
Ms Prosser said: “Our report finds that although the approach of the WFD NI Regulations is broadly sound, it is not being implemented or delivering as it should for Northern Ireland’s lakes, rivers and coastal waters.”
“This paints a very worrying picture,” she added.
“Unfortunately, we don’t have far to go to see the serious consequences when water quality is neglected, as the ongoing crisis at Lough Neagh shows.”
‘A timely reminder’
Andre Muir said he took the report’s findings “extremely seriously”.
He welcomed the review, saying it was a “timely reminder of the work required, not only across government, but the public and private sectors, including local government, and the wider community”.
The WFD NI regulations require the Department of Agriculture, Environment and Rural Affairs (Daera) and the Northern Ireland Environment Agency to develop and roll out a River Basin Management Plan (RBMP) every six years.
The latest cycle (2021-27) was due by the end of 2021 but has yet to be finalised.
A target of bringing 70% of water bodies to a “good status” was missed in 2021 and deferred to 2027 by Daera.
But less than a third (31%) of surface water bodies are in a good ecological condition.
‘Tough reading’
Mr Muir further described the report as “tough reading”.
He pointed out that he took up the role as minister this year.
“The Issue of environmental protection has not been of previous ministerial priority,” he said.
The minister said he will address what actions his department will take before the end of the year and said he does not “defend the situation that we’re in”.
He said he’s focused on solutions, but pointed out that “we’re in a very tight financial situation.”
“The funding I need for water quality and the environment isn’t there,” he said.
Ms Prosser said “stronger leadership” was required from the Northern Ireland Executive in implementing the WFD NI Regulations.
“As things stand, we assess that the 2027 target is likely to be missed by a considerable margin.
“We also assess that Northern Ireland is not on track to meet the environmental objectives in the WFD NI Regulations.
“This failure to meet the 2027 target will then have a detrimental knock-on effect on the Northern Ireland Executive’s other environmental aims, such as the ‘excellent water quality’ goal in the draft Environment Strategy and the ‘thriving, resilient, and connected nature and wildlife’ goal.”
In total, the report makes 16 recommendations on both the implementation of the regulations and on the legal, governance, and policy framework.