An independent panel has recommended the establishment of an independent environmental regulator as part of its review into environmental governance in Northern Ireland.
The report contains 32 recommendations that fall under four key themes: clarity and coherence; meaningful independence; better compliance; and transparency and accountability.
Many of the recommendations are designed to have much clearer separation between policy making and regulation and to improve public confidence and trust in governance arrangements. A key to achieving this is the recommendation that Northern Ireland’s environmental regulator should be independent of government, established as a Non-Departmental Public Body.
The independent panel proposes that the regulator should have oversight of important environmental issues such as air and water quality, waste management, nature and biodiversity and the marine environment, although the exact scope would need to be determined. The panel acknowledges that greater independence requires clear accountability and cooperation between departments and other bodies.
Launching the report, Dr Viviane Gravey, Panel Chair said:
“Our report is published at a time when Northern Ireland’s environment is under mounting stress. The signals cannot be ignored. Governance reform is an essential element of our response to the climate and nature crises.
“While our call for an independent environmental regulator is significant, this must be accompanied by a broad range of meaningful changes across the governance system, some of which could be implemented very quickly. We believe our recommendations, taken as a whole, chart a practical and achievable way forward.
“Thus we present our report as a ‘call to action’ on behalf of all who want to see a flourishing environment underpinning a thriving society in Northern Ireland.”
Acknowledging receipt of the report, DAERA Minister Andrew Muir said:
“I am fully committed to better and stronger environmental governance and fully accept the review panel’s recommendation that a new independent environmental regulator for Northern Ireland should be established as a Non-Departmental Public Body. I intend to take a paper to the Executive and to address the Assembly on the next steps in the short time ahead. The need to press ahead has never been more evident to ensure we better protect our environment for future generations to enjoy.”
Among the recommendations made by the panel is the need for DAERA to exit the current SoRPI arrangement with NI Water. SoRPI is an interim arrangement set up in 2007 to enable the newly formed NI Water to begin to address years of underinvestment.
An NI Water spokesperson said:
“NI Water looks forward to reviewing the findings of the ‘Independent Review of Environmental Governance in NI’ report. We welcome any discussion on how we can collectively improve the condition of our waterways.
“For clarity, since Crown Immunity was removed in April 2007, NI Water has been subject to prosecution by NIEA for pollution incidents and has faced court on a number of occasions. It should be noted; fining NI Water will simply reduce the funding available to deliver environmental improvements.
“NI Water is set stringent targets to reduce pollution incidents. We already fully co-operate with NIEA and are regulated through frequent site inspections, sampling regimes and analytical testing of discharges from our assets.
“As highlighted in the report, NI Water is in full agreement that SoRPI should be removed. However, doing so without a credible, funded alternative would be a fundamental misstep. It must be done in the right way, with a clear plan, a multi-year funding commitment, and a shared sense of responsibility across government, our regulator, and delivery partners.
“The removal of SoRPI should mark a more strategic approach to infrastructure delivery. Done properly, this shift will help unlock opportunity, clearing the way for new development, strengthening environmental resilience, and enabling long-term planning.”
Click here to download the full report