Debate contribution: Independent Environmental Protection Agency

Debate contribution by Mr Mark Durkan on .

MLA
Mr Mark Durkan
Party at the time
Social Democratic and Labour Party
Date
13 May 2024
Type
Debate contribution
Business
Opposition Business
Heading
Independent Environmental Protection Agency
Assembly identifier
Official Report component 4489360

Read the official Assembly record

Text

Go raibh maith agat, a Phríomh-Leas-Cheann Comhairle.

I thank the Minister and Members for their contributions. I also congratulate Mr McMurray on making his maiden speech. Now that he is here, he can judge for himself whether much happens in here, but he will see that there is still a fair bit of sledging. We have heard of the frightening, frankly apocalyptic, warning calls from our natural environment. The calls have been repeated and have gone unheeded for far too long. The formation of an independent, adequately resourced environmental protection agency has been a long-established policy position of the SDLP, and it is deeply rooted in our values and environmental ethos. As stated, it was a commitment in NDNA, and, like many of those commitments, it has been neither delivered nor advanced. The SDLP, on the other hand, has engaged with the environmental sector NGOs to draft and develop strong ecological and biodiversity targets and is considering a private Member's Bill to strengthen nature preservation and recovery. A decade ago, as Environment Minister, I consulted on and attempted to progress proposals for an independent EPA but was unable to garner the required political support to get it through the Executive. At that time, I worked closely with the environmental NGOs, and I vividly and fondly remember the contribution of Jennifer Fulton, CEO of Ulster Wildlife. Sadly, as we heard, Jennifer passed away just last week. Our thoughts are with Norman and Jennifer's family and friends. It is important that we not just record our sympathy and sadness at her passing but strive to achieve the environmental improvements that she did so much to drive forward with rousing passion, realistic pragmatism and remarkable patience. She was a real force of nature and force for nature. Collectively, our generation has taken the natural environment for granted, but the reality of its decline is becoming more apparent: from the butterflies, once a constant symbol of summer days but now on the edge of extinction, to the resigned acceptance of yearly flood damage. We are on the precipice of an ecological crisis, and Lough Neagh is the apex of that crisis. Its glowing green algae is visible and tangible proof of climate and biodiversity breakdown. The disaster has put Northern Ireland on the world stage for all the wrong reasons, but, rather than that serving as the clarion call it should have been, we had no Executive in place to act. That was despite pleas and attempts from an SDLP Opposition for political leaders to set aside political differences and work together in the interests of people and the environment. In today's debate, Tom Elliott pondered whether Waterways Ireland could or should take a role in Lough Neagh, while cautioning against the creation of an independent EPA on the grounds that it might be something else to pay for. The Northern Ireland Executive currently funds up to 15%, I think, of Waterways Ireland. If Lough Neagh were to be included in its portfolio, our contribution would increase by multi millions of pounds every year. The health of biodiversity and natural habitats across the North is in rapid decline. As has been highlighted, the North is one of the most nature-depleted areas in the world, and the water quality in our rivers and lakes is deteriorating. A legacy of chronic underfunding, inaction and failing infrastructure has taken a huge toll and poses serious environmental and public health risks. NI Water admits that overspill into the natural environment is a daily reality due to the insufficient capacity of waste water infrastructure. Miss McIlveen correctly pointed out the further failings of NI Water but neglected to say what steps she took to address those failings when she was the responsible Minister. Biodiversity, people and businesses are living out the once-forewarned consequences of climate disaster. Just yesterday, we saw the devastation wrought by increased incidences of flash flooding. Sadly, it is a trend that will inevitably continue as the climate crisis deepens. Tackling the crisis before us requires a robust environmental governance framework, one that can work hand in hand with current structures like the OEP. The establishment of an independent EPA for Northern Ireland is a promise to the future. A body free from political interference is necessary to ensure that decisions are made on the basis of science and not short-term interests. It would ensure that environmental regulations are based on and enforced in the best interests of both public health and environmental protection.

I am sorry. I will not have time to do so. On the staffing of such an EPA, it is important to reiterate that the motion is not an attack on or even a questioning or criticism of the highly qualified and committed NIEA workforce; if anything, it is about freeing them from the constraints of conflicting government policies and objectives. As we have heard, Friends of the Earth has said that any new agency should be well funded and well staffed, which begs this question: is the NIEA either of those things? Miss McIlveen said that we cannot set up another agency just to satisfy idealists. I will join Mrs Dillon in quoting Oscar Wilde:

"We are all in the gutter, but some of us are looking at the stars."

Cross-border collaboration and coordination are vital and must be a requirement across all climate policy in recognition of our shared challenges. Linda Dillon spoke of the need for an all-island biodiversity plan. Yes, we should build on the success of the all-Ireland pollinator plan. Furthermore, we have seen the cost, ecologically and to the public purse, of environmental crime as a result of failures to properly address and enforce penalties against perpetrators, and nowhere has that been more evident than Mobuoy. In order to safeguard our environment effectively, it is vital that any EPA has strong enforcement powers and the authority to bring prosecutions. The power to take immediate and decisive action on the issues will serve as a deterrent and uphold accountability in the protection of our natural resources. The glaring failures in that area to date are unequivocal proof that current structures just are not working. We cannot afford a paper tiger approach to the ecological crisis. The inertia and delays of leadership have served to exacerbate the climate crisis. The urgency to deliver on the Executive commitment to establish an independent environmental protection agency cannot be overstated. Merely opting for a review rather than a concrete legislative commitment just does not cut it. We cannot afford added delays or half-hearted measures. Before we know it, it will be "Next Decade, Same Old Approach". Therefore, it will come as no surprise that we cannot support today's amendment. The Executive must meet their obligation to legislate for an independent EPA in the current mandate and ensure that its functions are underpinned by law. I have a wee bit of time to turn to —.

Certainly, Minister.

I thank the Minister for his intervention and, indeed, the action that he has taken and proposes to take on the issue. We can assure him of our full support as he does that. I want to call out comments from Gerry Carroll. In his usual attack on everyone, he pointed to the regulation of sand dredging. I am sure that, after a century of completely unrestricted and unregulated activity, he will agree that the fact that hundreds of jobs can be supported by the regulation and restriction of both the area in which and the volume at which dredging can take place on the lough is no less ironic than the proudly anti-war PBP remaining silent on Ministry of Defence contracts at Harland and Wolff. What we do or do not do now will have major implications for our immediate future and generations to come.

Go.

We have a moral obligation to tackle environmental degradation head-on, mindful of our children and subsequent generations who will inherit the consequences of our actions and inaction. It is imperative that we confront the crisis before us and use every tool at our disposal to do so.

1,350 words. Text as published by the Northern Ireland Assembly.

Assessment

Not flagged

Jev’s structured answers met the documented threshold for “not flagged”.

  • Overall probability that the activity is being used to promote, exploit or escalate an identity-based controversy: 0.10 (flagging needs at least 0.70; at or below 0.30 is not flagged).
  • None of the five culture-war criteria was met (each was below 0.60).
  • Assessed as legitimate policy scrutiny (0.94).
  • No identity-based framing was identified (0.91).
  • The overall probability was at or below the not-flagging threshold.

This is an AI-generated assessment of the text, made against published criteria. It is not a finding of fact about the MLA or their intentions. The Assembly record itself is the fact.

Jev’s structured answers

Probability that each statement is true of this text (0 = no, 1 = yes). A criterion counts as met at 0.60 or above.
QuestionProbabilityMet?
Identity framing0.04No
Sectarian or communal antagonism0.04No
Cultural grievance politics0.02No
Dog-whistle messaging0.23No
Controversy escalation0.21No
Legitimate policy scrutiny0.94Yes
Overall judgement0.10At or below not-flagging threshold
Context and attribution (stance)
OptionProbability
No identity-based framing (chosen)0.91
Reports or questions it0.00
Criticises or condemns it0.01
Adopts it0.08
Subject area (top five)
SubjectProbability
No identity-related subject0.46
Irish language, Ulster-Scots and language policy0.41
Sectarianism, hate crime and community relations0.08
Another identity-related subject0.02
Religion and belief (including people of no religion), churches, faith communities and religious prejudice (including antisemitism and anti-Muslim prejudice)0.01

Assessed 21 October 2026 at 10:28 UTC by jev-1.13.0 (requested as typesafe/jev) under rubric 2026.10-r9, methodology 1.9.

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