Debate contribution: Mobuoy Site: Draft Remediation Strategy

Debate contribution by Mr Andrew Muir on 9 June 2025.

MLA

Mr Andrew Muir

Party at the time

Alliance Party

Date

9 June 2025

Type

Debate contribution (made as a minister)

Business

Ministerial Statement

Heading

Mobuoy Site: Draft Remediation Strategy

Assembly identifier

Official Report component 4997026

Read the official Assembly record

Text

With permission, Madam Principal Deputy Speaker, I wish to make a statement to set out my plans for the launch of the public consultation on the draft remediation strategy for the Mobuoy site. At the outset, I declare in the register that my stepfather is quality manager for phase 1 of the A6 project. I welcome the conclusion of the Mobuoy case in court last week. I share the public’s concern and recognise the concern and anger caused by the appalling situation at Mobuoy. That is why I will move to launch the consultation as quickly as possible in order to help people to understand the proposals to minimise risks to water quality and the environment. Safeguarding public health, ensuring safe drinking water and reducing the environmental impact of the Mobuoy site are paramount to me. My Department recognises that it has a duty under the Water (Northern Ireland) Order 1999 to promote the cleanliness of water in waterways and underground strata and will continue to take action to safeguard water quality and the environment at Mobuoy. There is no room for complacency, and I take the discharge of that duty very seriously. To that end, my officials have produced a draft technical remediation strategy for the Mobuoy site. The draft remediation strategy has been developed to mitigate the long-term risk that the contaminated site poses to water quality in the River Faughan and to address its contamination of the Faughan groundwater body. NI Water’s Carmoney water treatment works takes its supply from river water abstracted less than two kilometres downstream of the Mobuoy site, and safeguarding the drinking water supply and the environment is unequivocally a priority for me. The draft remediation strategy is a detailed, technical and complex document that has been developed by a specialist contaminated land consultancy team in accordance with the industry standard process known as the "land contamination risk management" (LCRM) guidance.

LCRM guidance is the UK Government guidance on how to assess and manage the risks from land contamination, and, as well as in England and Wales, it applies here in Northern Ireland. A detailed quantitative risk assessment (DQRA) was carried out in line with the LCRM process, drawing on extensive site investigations to establish the volume and nature of the waste and utilising over seven years of monitoring data. That provided a robust scientific basis for the specialist contaminated land consultancy team to work through a remediation options appraisal for a range of potential remediation options to develop the draft remediation strategy. The remediation options appraisal process was undertaken in line with the LCRM guidance and the Sustainable Remediation Forum UK (SuRF-UK) publication 'A Framework for Assessing the Sustainability of Soil and Groundwater Remediation'. That guidance was produced with the aim of encouraging more sustainable management of remediation practices in the UK. It outlines the principles of sustainable development and the criteria that should be used in the selection of sustainable remediation strategies. At each of the stages, the work was presented to stakeholders and published on the DAERA website. That work has now culminated in the production of a draft remediation strategy for the site. It is a technical document that proposes taking an integrated remediation approach to how the site could be remediated in order to mitigate the risks highlighted by the evidence, in accordance with the outcomes from the remediation options appraisal process. The strategy sets out a technical proposal, which, following the consultation's conclusion, will require further development in order to take account of consultation responses, affordability and deliverability. That will inform the final remediation strategy. At this stage, there is no agreed preferred option, and the way forward will not be decided until consultation has been completed. I want everyone who has an interest in the draft remediation strategy to respond to the consultation. Consultation is hugely important to me. The public consultation will ensure that all stakeholders and interested parties are afforded the opportunity to respond. It also presents an opportunity for stakeholders to provide information that they think that we need to consider in finalising the preferred approach. The consultation process is designed to ensure engagement with all, and I look forward to rolling out a series of engagement events as part of it. I am keen to hear stakeholders' views on any points that they believe should be taken into consideration before a preferred approach is agreed. It is important that the stakeholder engagement be effective, and I will ensure that we provide the best opportunity for people to respond so that we can receive meaningful responses. For that reason, the consultation will run over a period of 16 weeks in order to take account of the July and August holiday periods. Stakeholder engagement meetings will be arranged for early September to maximise the opportunity for all interested parties to attend. Details of the meetings will follow as soon as possible. Following the consultation, my officials will carefully consider the responses received, and an assessment will be undertaken to establish any changes that are required in order to determine a preferred approach. We will then need to evaluate that approach by looking at what is affordable and deliverable and by ensuring that it mitigates environmental risks and safeguards water quality for future generations. The consultation is a very important and significant step. It is important to note, however, that the consultation does not guarantee that everything in the draft remediation strategy will be delivered immediately. Nonetheless, it is an important and significant step forward in the process. There is no quick fix, but I am committed to continuing to ensure that appropriate steps are taken to protect water quality and the environment during the processes. Next steps will be subject to a range of factors, including departmental and public spending approvals, meaning a wider role for the Executive and the Assembly in delivering a remediation strategy that recognises the constraints within which we operate. There will be important considerations to be made on the availability of funding and the realistic timescales required to deliver a remediation solution. I am committed to protecting the water quality of the River Faughan and to working in partnership with Northern Ireland Water to safeguard drinking water in the north-west. To that end, the Northern Ireland Environment Agency (NIEA) continues to implement a comprehensive environmental monitoring programme (EMP) at the site. The EMP includes site and riverbank inspections, surface water and groundwater monitoring and daily laboratory testing of water quality at the NI Water drinking water abstraction point. The monitoring data is used by my officials and NI Water to assess continually any changes in risk to the water quality in the River Faughan and the water quality at the Northern Ireland Water abstraction point. Water quality reports are published regularly and are freely available on the DAERA website. I am advised that, to date, there has been no adverse impact on the safety of the drinking water that is being supplied from the River Faughan.

As I said at the beginning of the statement, there is, however, no room for complacency, and I am moving to launch the consultation on a draft remediation strategy to address the risks that the Mobuoy site poses. My officials will require some time, which is likely to be just a few days, to address the logistical details of the launch of the consultation, but I hope to launch it later this week, with engagement events planned for September. Today is an important moment, and I put on record my thanks to all the officials in my Department for the work that they have done over the past number of years. I am happy to take questions, including on consideration of a public inquiry.

Thank you, Mark, for your question. This was an abhorrent crime on an industrial scale. I was on the record before I took up this job, and I am happy to confirm again today that I believe that there is merit in having a public inquiry. Therefore, I will take a paper to my Executive colleagues on that. You rightly said that the cost to remediate the site is likely to be significant. It could cost up to £700 million. I will be looking to the UK Government not just for financial support for a public inquiry but for the cost to remediate the site. Those are significant costs for those of us who are in the Executive to bear whilst we are continuing to deliver public services in Northern Ireland and doing good work in supporting agriculture and, more broadly, improving our environment. I am committed to engagement on the issue. Whilst I will bring my Executive colleagues a paper on the merits of holding an inquiry and of the remediation of the site while giving them an update, it is important that I engage locally. Therefore, I will seek to meet the five Foyle MLAs along with the mayor and the chief executive of the council to talk through the issues regarding the site, in particular its remediation and the way forward. It is important that we look to the past and understand any lessons that are to be learned, but it is also important to look to the future and have remediation of the site.

Thank you very much, Robbie. Following sentencing, the Northern Ireland Environment Agency will pursue confiscation proceedings under the Proceeds of Crime Act 2002 against three defendants with the intention of depriving them of the benefit that is generated by their criminal conduct and of asserting the "polluter pays" principle. The value of any confiscation order that the court may be minded to make will be a decision for the court.

I thank the Member for her question. We continue to sample the water quality in the river, and, as I outlined in my statement, no concerns have been raised to date. However, that does not mean that we should not take action. We must take action on this site, and that is why I am moving very quickly on the consultation. I encourage people to engage with the consultation. I will engage with local reps, my Executive colleagues and, very importantly, the UK Government. We will need financial assistance in order to deal with the site. It is not fair to ask Northern Ireland to deal with the site, which will cost up to £700 million to remediate. The UK Government need to assist us with that.

I believe in consultation and in giving people the opportunity to have their say, particularly Derry City and Strabane District Council, which has been quite good in engaging with the process to date. It has technical experts who can make a contribution. I am not ruling anything in or out because that is the purpose of the consultation. The consultation will give people an opportunity to have their say, and there are a number of options in the draft remediation strategy that can be moved much more quickly than others. I will be interested to see people's responses in that regard. I have been to the site and have seen it. What happened there was appalling and disgraceful, and I am glad that the people who are associated with the site were sentenced on Friday.

The consultation will outline the options that are in place to deal with the relationship with the A6. I understand that concerns have been raised about that. Essentially, as part of the consultation responses, consideration could be given to prioritising the remediation of the area close to where the A6 is meant to run. It is important that that is considered in the consultation in the time ahead. I understand the concerns around phase 2 of the A6 and its importance for the north-west. That is why we are considering that as part of the consultation.

Thank you, Declan. Any profits made from this situation are an issue of significant concern for the general public. As I outlined in my response to Robbie's question, we will move towards proceeds of crime proceedings on the matter.

As part of the consultation, the Department for Infrastructure will have an opportunity to engage on the remediation of the Mobuoy site. As outlined, phase 2 of the A6 Derry to Dungiven dual carriageway project extends from Drumahoe to the A2 Caw roundabout. Part of the works will encroach on the Mobuoy site. My officials are working closely with DFI Roads colleagues in order to ensure that there is an integrated approach so that the projects are coordinated and can progress efficiently. My officials are continuing to work through the land contamination risk management guidance, and the public consultation is the next step. That will be an important step, and my officials will continue to engage with DFI Roads colleagues as the consultation progresses. The start of the consultation is an important moment. I am very keen that we run through the consultation over 16 weeks and bring the responses back. We will then have to consider the way forward. I am getting the communication very clearly that the Mobuoy site should not hold up phase 2 of the A6 project. When it comes to prioritisation, however, we will have to consider where that fits and the costs associated with it. I get the importance of the A6 project to the north-west.

Thank you very much, Andy. The protection of drinking water and what we do to manage that is an important consideration for people.

Safeguarding public health and ensuring that there is safe drinking water are paramount. My Department is committed to protecting the water quality of the River Faughan and is working in partnership with NI Water to safeguard drinking water in the north-west. As I outlined in my statement, officials have put in place a comprehensive environmental monitoring programme at the Mobuoy site. The monitoring data is used by my Department and NI Water to continually assess any changes in the risk to water quality in the River Faughan and at the NI Water abstraction point. Water quality reports are regularly published on the DAERA website, and, to date, there has been no adverse impact on the safety of the drinking water being supplied from the River Faughan. NI Water has also tested procedures to ensure that, if the need arises, it would immediately stop taking water from the River Faughan as an emergency measure. NI Water provides robust treatment to water abstracted from the River Faughan and continually monitors the water from the plant in the distribution system and at customer properties in the area supplied from the Carmoney water treatment works. NI Water has completed planned works to provide additional resilience whereby increased flow from the Ballinrees water treatment works near Coleraine, supported by the Caugh Hill water treatment works near Dungiven, will provide sufficient supply to the north-west for a period. My Department provides a continuous response officer, who is available on a 24-hour call-out, to respond and coordinate required actions, should an emergency arise.

As I outlined to Andy, we have measures in place in conjunction with NI Water. As part of the engagement, I want to meet you, the other Foyle MLAs, the mayor and chief Executive of Derry City and Strabane District Council, alongside NI Water and DFI, to give assurances about the issue and to talk about the remediation of the site. The first part of your question mentioned tougher sentencing for environmental crime, and that is what l will seek the support of the Chamber to do. Later this month, I will consult on the fisheries Bill to give me additional powers to have heavier fines and penalties for environmental crime, particularly in relation to water pollution. I will also come to the Executive in the autumn to seek support for measures to improve and strengthen environmental governance. I will look for support around the Chamber. I came to the Chamber earlier this year to remove the cap on penalties for water pollution as a result of cross-compliance. Only Alliance and Gerry voted with us. When people say to me that they want tougher penalties in the time ahead, they will need to support me and vote with me.

Thank you for your kind comments, and I appreciate that. I will not be bullied or intimidated by anyone, and I am clear about that. I thank the police for dealing with the issue. I have set out the action at the Mobuoy site. There are other sites where unauthorised dumping has occurred. The Northern Ireland Environment Agency works with district councils to manage those sites. There is a protocol in place between the Northern Ireland Environment Agency and district councils to deal with the wider issue of fly-tipping and dumping. Two councils have still not signed up to the protocol. I have written to ask them to sign up, and it is important that they do so. District councils and the Northern Ireland Environment Agency need to work together, and the other two councils need to sign up.

No problem. That engagement is really important. As part of the consultation, my officials will engage with those organisations. It is really important that their voices be heard, because local communities have real concerns about the site. I will prioritise engagement with you, as representatives for the area, and the mayor and chief executive of the council. I know that Pádraig has also requested engagement with a local group. I will honour my promise to engage with them. I will see what we can do in the time ahead. This is an important moment for consultation and engagement. To be fair to the council, it has been very good in engaging with us thus far. It is an important body from which to garner views on a complex and important issue. This should never have occurred, and it is important that we find a way to remediate the site.

I can assure the Member of that. As Minister of Agriculture, Environment and Rural Affairs, my sole focus is on being fair and even-handed with everyone. If people break the rules, they can be assured that my Department will come after them.

Thank you, Sinéad. What occurred at the site was appalling. The Mills review was conducted, and its recommendations are being implemented. There is a significant concern about the role of organised crime in waste crime. It is important that we say that. That is why my Department and the Northern Ireland Environment Agency collaborate with partners in the criminal justice sphere and take a coordinated approach. As Minister, I have been very clear that we need to punish environmental crime much more harshly, because it is having an impact on our environment. We are talking about a potential cost to the public purse of £700 million. That is a significant cost. If we do not move the dial in how we deal with environmental crime and pollution in Northern Ireland, we will continue to see challenges emerge that will cost the public purse, so we need to have a different attitude towards it. I thank officials for the way they have engaged with the PSNI, HMRC and others on this. It is important that we tackle organised crime and that we view waste crime as part of that. We have committed to doing that. As part of our engagement with you as Foyle MLAs, I will have a bit more of a discussion and provide reassurance on what we are doing in that sphere.

That is a technical question. The Proceeds of Crime action will proceed. That is the next step. It is important that we do that. I am happy to discuss the complexities of it all with you outside of here. The site has a lot of history, and that is what makes it a bit more complex.

Thank you, Gerry, for your kind comments. I thank the groups in the Foyle consistency that have continued to raise and highlight the issue. It is important that we thank them for that. The Mobuoy site is unprecedented in its significance. That is not to say that there are not other smaller sites and fly-tipping occurring in Northern Ireland. How we grade those things by size is an issue, but I am happy to write to you to outline that. There is a wider issue: the need to strengthen environmental governance. I take that seriously, which is why I appointed an independent panel to look at it. It will come forward with an interim report soon. I will not be found wanting. We must strengthen environmental governance — we have to. Northern Ireland is an outlier in this regard. I will bring the paper to the Executive, and I look forward to receiving support for it. If we always do what we have always done, we will always get what we always got. We have to strengthen environmental governance. I record my wholehearted thanks to all the officials in the NIEA, the Public Prosecution Service and more broadly for their work. The Northern Ireland Environment Agency does a lot of really good work, and Friday was an important moment for it. I thank it for the work that it does. As Minister, I wholeheartedly value the NIEA, and I am very proud to have it as a part of the Department.

3,567 words. Text as published by the Northern Ireland Assembly.

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Assessed 21 October 2026 at 12:42 UTC by jev-1.13.0 (requested as typesafe/jev) under rubric 2026.10-r9, methodology 1.9.

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