3. Mrs Dillon asked the Minister of Agriculture, Environment and Rural Affairs for his assessment of whether NIEA requires additional powers to ensure action can be taken against polluters of Lough Neagh. (AQO 600/22-27)

The Water (Northern Ireland) Order 1999 serves as the pivotal legislative framework for Northern Ireland and governs the protection of the aquatic environment. The order also provides powers to take enforcement action against uncontrolled discharges that are a risk of pollution to the aquatic environment. A person guilty of an offence under article 7 of the order is liable on conviction:

"to imprisonment for a term not exceeding 3 months or to a fine not exceeding £20,000 or to both."

Whilst the Northern Ireland Environment Agency proactively regulates and enforces current regulations to protect our environment, I recognise that we need to do more.

That is why I have allocated resources from my departmental budget to strengthen regulation and enforcement, particularly in relation to water quality. That will enable the establishment of an enforcement team dedicated to tackling the problems of Lough Neagh and its catchment, together with a commitment to see radical changes to the regulatory approach currently set out in the statement of regulatory principles and intent, otherwise known as "SORPI", relating to NI Water discharges. Enforcement action is taken against non-compliance in line with DAERA's enforcement policy. The Northern Ireland Environment Agency undertakes a range of enforcement actions from warning letters to the issuing of statutory notices and prosecutions.

I thank the Minister for his answer. Minister, you spoke about the recent fish kills. The concerns that people have around these issues are about whether NIEA takes it seriously or has the resource to do something about it. I have had many complaints about it being maybe two days after the report of a fish kill before somebody comes out to look at it. That is not good for anybody. Minister, can you confirm that you are content that NIEA has the powers but, perhaps, does not have the resources?

I thank the Member for her question. She touches on a number of matters. Does the Northern Ireland Environment Agency have the resources that it needs? No, it does not, but I am reprioritising within my Department to give it what I can. I will bid in future Budgets for future years to see whether we can further increase the resources for the Northern Ireland Environment Agency. It is important that it has those resources so that it can respond to those incidents promptly. It is important to send the message today that, if anyone is aware of any water pollution incident, they should report it promptly to the pollution hotline to enable a response.

I have established the enforcement team in the Lough Neagh catchment area as a first step in taking action on this. I also want to take further measures, one of which is a review of the sentencing framework for environmental crime. I am keen to do that in conjunction with the Justice Minister. It is absolutely fundamental that we do that and that we review the regulation around the issue. It is something that we put a lot of effort into. The fish kills that have been reported in recent days anger me, because they really damage our environment. We need to address it and to ensure that we take action to prevent it occurring again.

The 'Spotlight' programme last week highlighted something that we all knew but that is much worse than we thought. Lough Neagh and, indeed, large parts of our environment have become a Wild West for ecocide and environmental crime. Minister, do you believe that that makes the case for speeding up the creation of an independent environment agency, and will you bring those plans to the Executive forthwith?

I thank the Member for his question. The Member will be aware of the issues around establishing an environmental protection agency because a colleague of his held the Environment Ministry previously. It is something that I am taking up in the environmental governance review. I intend to make announcements over the time ahead on the next steps.

It is important that we follow due process if we are taking the road ahead in establishing an independent environmental protection agency. It is something that I believe in, and it was in 'New Decade, New Approach'. It is important to establish it correctly, so that it has the correct powers and the ability to deliver for the people of Northern Ireland. I am moving on that at pace, because it is important that we have an independent environmental protection agency.

I have a lot of respect for the officials in the Northern Ireland Environment Agency. However, ultimately, I do not believe that it should be part of my Department; it should be independent. We are taking action on this. I look forward to engaging with Members and society on the issue over the time ahead, because I recognise its importance.

I welcome the Minister's answer on the movement towards an independent environmental protection agency. As that process takes place, will the Minister continue to engage with stakeholders in and around the Lough Neagh catchment area and include them in all policy discussions?

I thank the Member for his question. I am doing that and will continue to do so, because it is important that there is stakeholder engagement on the issues.

I am aware of what was reported in the 'Spotlight' programme a few weeks ago. It was extremely difficult and concerning viewing not just for me but for the people of Northern Ireland, and I have been acting on what was reported in it. The Northern Ireland Environment Agency is now reviewing its protocols on how it works with Northern Ireland Water in terms of the enforcement of trade discharge consent breaches. We are also considering how we monitor and respond to cases of lower risk but, importantly, cumulative trade discharge consent breaches. It is important that we consider when there are cumulative breaches on this. We are also doing work on environmental governance, as I have outlined, including the case for an independent environmental protection agency. In addition, I will engage with Moy Park to outline my severe concern about the pattern of cumulative breaches and to seek plans for how it intends to swiftly rectify those issues.

Everybody in here knows that the information that has come out from 'Spotlight' is concerning: we all get that. However, big companies and Northern Ireland Water are, essentially, getting away with polluting rivers. That is not just happening in Lough Neagh; it could be happening elsewhere in Northern Ireland. When will enforcement happen on the issue? It is vital.

I thank the Member for her question. It is important that enforcement action that we take around environmental crime, particularly in relation to water pollution, is fair and balanced. I am aware of the concerns about Northern Ireland Water and the arrangements that are in place, which are known as "SORPI", between the Northern Ireland Environment Agency and Northern Ireland Water. I made it clear in the documentary that we need to call time on SORPI. I want to engage with the Minister for Infrastructure on the issue, and I have been engaging with my officials on it. The situation in which Northern Ireland Water gets, essentially, a bye-ball for the pollution of our waterways needs to end.