AQW 18510/17-22

Mr John Blair
Alliance Party
South Antrim

Tabled Date: 06/05/2021
Answered On Date: 24/05/2021
Priority Written: No

Question:
To ask the Minister of Agriculture, Environment and Rural Affairs what considerations he has given to tougher penalties for repeat offenders under the Water (Northern Ireland) Order 1999.

Answer:

Under the terms of the Water (Northern Ireland) Order 1999, it is an offence to cause pollution of a waterway. Where the source of pollution can be traced, it is the policy of the Northern Ireland Environment Agency to take enforcement action against the offender(s). Article 7 of the Water Order provides the Department with the powers to prosecute offenders and Article 8 gives the Department powers to prohibit or place conditions on any activity which has caused the pollution event or which could cause a reoccurrence. This can be applied to both new and repeat offenders.

The Water (NI) Order 1999 enables the courts to impose a fine of up to £20,000, or a custodial sentence or both on those found guilty of water pollution. The actual sentence applied in individual cases is, of course, a matter for the courts, taking account of the relevant sentencing guidelines.

There are no plans to amend the legislation.