Debate contribution: Independent Review of Environmental Governance in Northern Ireland

Debate contribution by Mr Andrew Muir on 4 November 2025.

MLA

Mr Andrew Muir

Party at the time

Alliance Party

Date

4 November 2025

Type

Debate contribution (made as a minister)

Business

Ministerial Statement

Heading

Independent Review of Environmental Governance in Northern Ireland

Assembly identifier

Official Report component 5216153

Read the official Assembly record

Text

Thank you, Mr Deputy Speaker, for the opportunity to address the Assembly on the outcome of the independent review of environmental governance in Northern Ireland and to set out my proposed way forward. I have always firmly believed in an independent environmental protection agency (EPA) for Northern Ireland.

For too long, our environment and nature have suffered from a lack of robust protections, and we are all seeing the consequences of that. This short, sharp and comprehensive review has provided the foundations for building a brighter future for our environment. We cannot continue to dodge this critical issue. Now is the time for action: the people of Northern Ireland expect and deserve it. As we all know, Northern Ireland continues to experience significant environmental pressures. For example, there are water-quality concerns, including the widely recognised issues that are affecting Lough Neagh, and ongoing remediation challenges at the Mobuoy illegal waste site. Those pressures are compounded by the impacts of climate change, which is driving more frequent extreme weather events, biodiversity loss and soil degradation. Alongside those pressures, we continue to face challenges in tackling waste crime, improving air quality, restoring habitats and species, and delivering on our commitments to a circular economy. Taken collectively, those issues underline the urgent need for more effective governance to protect our environment and restore public confidence and trust in our environmental protection arrangements. As Members are aware, 'New Decade, New Approach' included a clear commitment from the parties that were entitled to form an Executive that, as part of a Programme for Government, a returning Executive would establish an independent environmental protection agency. Our latest Programme for Government commits the Executive to complete a review of environmental governance and commits me, as AERA Minister, to present a proposed way forward to the Executive for consideration and agreement. In November 2024, I appointed an expert independent panel, led by Dr Viviane Gravey of Queen's University Belfast and supported by Diane Ruddock, a National Trust retiree, and John McCallister, a representative and member of the Ulster Farmers' Union. The panel was tasked with carrying out a review of environmental governance in Northern Ireland to assess the adequacy of the current arrangements and provide recommendations for improvement for my consideration. I put on record my sincere thanks to Viviane, Diane and John for carrying out that extensive and complex review as expert individuals. The panel launched a call for evidence in January 2025. A total of 590 responses were received via Citizen Space and email. That was supported by three public events and substantial in-depth interviews with regulators, regulated parties and broader stakeholders across Northern Ireland, Great Britain and Ireland. The panel published its final report on 21 October 2025. The report is extensive and detailed, and it provides a clear evidence-based case for change. It is unequivocal in its conclusion that the current environmental governance system is not fit for purpose and is failing everyone. The crisis in our environment is also a governance crisis, thus governance reform is a critical part of the solution. The panel has set out a practical road map for reform that is structured around four key themes: clarity and coherence; meaningful independence; better compliance; and transparency and accountability. Those themes underpin 32 recommendations, which, when taken together, aim to deliver a governance system that the panel considers to be robust, trustworthy and capable of meeting Northern Ireland's environmental obligations and restoring public confidence. At the heart of the panel's recommendations is the establishment of an independent environmental protection agency in Northern Ireland as a non-departmental public body. Its functions would include oversight of air and water quality, waste management, nature and biodiversity and the marine environment. In the panel's view, that model provides the right balance of independence, accountability and deliverability, ensuring clear separation between policymaking and regulation whilst aligning with best practice from across these islands. I agree. Northern Ireland is an outlier, as we are the only region in the UK and Ireland that does not have an independent environmental protection agency. That position is simply not sustainable. I recognise, as does the panel, that independence is not a silver bullet that will improve environmental governance in Northern Ireland, but it is a critical part of the overall governance system. Establishing an independent environmental protection agency is about much more than just aligning with what other regions are doing. I assure Members that, as a non-departmental public body, the new agency will still be accountable to the Assembly, and its functions and the legislative framework within which it would work would be determined by Ministers and approved by the Assembly. Crucially, though, it would be overseen by an independent board that is led by a non-executive chair and would have full operational independence in how it discharges its functions. That would ensure that a new EPA would be able to carry out its regulatory, advisory and enforcement duties without political interference. Effective functional independence is important in building trust and confidence in the body's work. Now is a pivotal moment for us all: we should establish an independent environmental protection agency, as recommended by the independent panel. We are witnessing more and more visible signs that our environment is struggling, and we need to take the decisions now to change course. The costs of inaction are simply too great. We should look no further than Lough Neagh or the illegal dump at Mobuoy, which, as you will know, could cost hundreds of millions of pounds to resolve. Failed environmental governance and non-compliance with environmental law result in huge costs to the public purse, so we must invest now to make savings in the longer term. Inaction also leads to increasingly degraded ecosystems, public health risks, negative impacts on people’s livelihoods and lost opportunities for sustainable growth. Without decisive reform, Northern Ireland will continue to fall behind in meeting its environmental obligations and the public will continue to pay the price in quality of life and economic resilience. Restoring trust and confidence in environmental protection is crucial for the economy and for our communities. Better and more accountable regulation will create a fair and level playing field for all. I therefore intend to seek the support of my Executive colleagues to agree, in principle, to the establishment of an independent environmental protection agency in Northern Ireland as a non-departmental public body of DAERA. That agreement in principle would allow us to move swiftly to look in greater detail at the powers, functions and status of the new body, together with the financial implications. Following public consultation, firm policy proposals will be brought back to the Executive to enable my Department to draft and implement the legislation needed to set up the new non-departmental public body. The report also makes a number of recommendations that fall within the remit of my Department. In parallel with our work to prepare for an independent environmental protection agency, I will work with my officials to take forward those recommendations. Some aspects already align with work that is ongoing or our own plans for improvement. As I have said on many occasions, there are no quick fixes to the significant environmental challenges that we face today. Environmental governance is no different. However, I am fully committed to strengthening environmental governance in Northern Ireland, improving public confidence in our arrangements and, ultimately, reducing environmental degradation. I hope that Members will support me in seeking to establish a new independent environmental protection agency in Northern Ireland as a non-departmental public body of DAERA. I will, of course, update Members as the work progresses and following Executive consideration.

I have set out today the process that I am taking forward. Since we left the EU, we have a very different environmental landscape. I need support, in principle, for an independent environmental protection agency. Now is the time for a decision on that. Once we get that agreed — hopefully — we will move to consultation. The cooperation of the Assembly is absolutely critical. If Members believe in this, they need to work with me on its implementation, so that we can have it legislated for by the end of the mandate. I am up for doing it. You mentioned timescales. We lost two years of this mandate. You know why that was: it was not because of the Alliance Party or your party; it was because one party decided to walk away, which has constrained an awful lot of what we do in this place. I work night and day to deliver in my Department, within a constrained mandate and budget situation. However, I am determined to make progress on this, and Members need to back me.

The report, which is excellent, was written by three respected individuals, who came forward as individuals to look at the issue. They have outlined what the functions of the independent environmental protection agency should be, and those functions relate to air and water quality, waste management, nature and biodiversity, and the marine environment. One of the key benefits of this — there are many — relates to planning applications. The speed at which the Northern Ireland Environment Agency (NIEA) turns around responses is not good enough. We need an independent environmental protection agency that is properly funded and properly resourced so that we can turn around responses to planning applications and allow people to move forward on all the issues about which they are asking for advice from the Northern Ireland Environment Agency. That will be critical. It will be absolutely fundamental that we are able to change that and turn it around. We have many non-departmental public bodies (NDPBs) in Northern Ireland. It is lost on me why anyone would oppose this.

I thank the Member for her support. It is appreciated. The report sets out quite a lot when it comes to the independent environmental protection agency and the other issues that the Member has highlighted. We need to have much more joined-up working between Departments and agencies in Northern Ireland but, when it comes to regulators, also on North/South and east-west bases. That is why those memorandums of understanding are set out. There is work that I need Executive approval for, but there is other stuff that we can take forward as a Department. We should do that, because the environmental challenges do not stop at the border. We need to cooperate. We already do that through established functions and structures, but we need to solidify that through memorandums of understanding. I am keen to work with officials to take that forward.

Right. When it comes to funding, the independent review clearly sets that out. I will quote from it:

"The enabling legislation to establish the NDPB should protect against these risks" —

one of the risks is reduced funding —

"as is the case with other recent legislation, including the UK Environment Act 2021."

That is an important recommendation. The other issue is in relation to accountability. There is a recommendation in the review that I have passed on to the Speaker about the scrutiny mechanisms of the Assembly in regard to the non-departmental public body. That has merit as well. On the linkage to Ashers, I am lost, to be honest.

The cost of inaction and the lack of efficient and robust protections for our environment is substantial. The cost of remediation on the Mobuoy site could be between £100 million and £700 million, and, this year, my Department is spending over £17 million on the crisis at Lough Neagh. I could continue. The business case is very clear. We cannot allow ourselves to get into the same situation again. We also need to restore people's trust and confidence in environmental protection, because it is at an all-time low and we have to turn it around. I am setting out a way forward to do that.

Thank you, Colm. I have a couple of things to say. First, I thank all the staff who work in the Northern Ireland Environment Agency. I feel extremely privileged to work with them. I was with them this morning at an event on invasive species, and I will be with them throughout the week. They are good staff, they are working really hard under significant resource constraints, and I am very grateful to them. I have set out the resourcing issue. Ultimately, it is about the budgets that are allocated, but we need to have mechanisms in place to call it out if the environment agency, as a non-departmental public body, is being underfunded. One of the other issues is that, under the legislation, the penalties available to the agency would be set by the Assembly. That will not be a silver bullet. Ultimately, political leadership will be required here to ensure that sufficient deterrents are in place and that the environmental protection agency, as an independent non-departmental public body, can use the proper enforcement mechanisms. It is really important that we give it teeth. I am progressing a consultation on the fisheries and water environment Bill. When I bring that to the Executive, I will need their support for it. I will also need the Assembly's support to ensure that we have legislation in place to provide sufficient deterrents on the issue of water quality and in so many other areas.

The report has set out the way forward, and I thank the panel for doing that. A lot of people said to me that they wanted an independent environmental protection agency, but, when I asked, "What would that look like? What would its functions be?", they were not able to answer. The report has answered that, particularly in the context of our leaving the EU and of the different arrangements that we have. The non-departmental public body would have not just the necessary independence but accountability, which is important. It would have specific structures, such as an independent board, and the functions that I set out. We have many non-departmental public bodies in Northern Ireland that play a valuable role; for example, the Arts Council and Sport NI. Now is the time to ensure that we end the situation whereby Northern Ireland is an outlier by not having an independent body for environmental protection.

One of the review recommendations, which I support, was that the independent environmental protection agency be able to set its own enforcement policy. It is important that it has that ability. That will answer a lot of your questions. If we get agreement in principle and people say, "Yes, we are on board with this. We want it" — to date, I have not had that from around the House; I am making a real effort to get support for this so that we can move it forward — we can scope out the details on the functions and the drafting of legislation.

I am on the record as consistently saying that the separate regulatory arrangement that has been in place for Northern Ireland Water since its establishment is not fit for purpose. The idea that NI Water often gets a bye ball on the pollution of our waterways is not acceptable. I will quote from the review:

"From our engagements with key stakeholders and from our CfE"

— call for evidence —

"it is clear that SORPI arrangements between NIEA and NI Water are not working as they were designed to – they were intended to offer flexibility for NI Water to invest to address the sources of non-compliance. Instead, the lack/low level of penalties for wastewater pollution has weakened the case for sufficient investment (giving the impression that the current situation is acceptable). This creates a negative feedback loop, with NI Water prioritising investment in drinking water over wastewater as it faces a sharper regulatory edge ... (as the Drinking Water Regulator has already exited SORPI arrangements). We note that the DAERA Minister has stated publicly that the current arrangement is not fit for purpose."

The review recommends that DAERA exit the current SORPI arrangement with Northern Ireland Water. Further to that, I will bring a paper to my Executive colleagues.

There is a window of opportunity here for us to set up an independent environmental protection agency in Northern Ireland. I need support, in principle, to do that. We will then go through the process that we are required to do, which is consultation. Sometimes I am criticised for doing too much consultation, but I am legally required to do it. We will then look to get Executive support for drafting legislation. With the Assembly's cooperation, which is critical — if people want this, they need to work with me — we can legislate for it by the end of the mandate. However, people need to put their money where their mouth is and support me in establishing the agency. There are many issues in my Department that I work night and day on. People need to understand that this is a priority for me and to support me on it.

The list is endless, unfortunately, Nuala. We have Lough Neagh, Mobuoy, nature decline and issues with air quality. Northern Ireland is a laggard in the environment. Whenever I say that or look to take action, I get vilified — vilified — because people are not prepared to take difficult decisions. This is a point of decision for this place, and people need to back me on it.

Thank you, Declan. The independent panel's report was useful in teasing all that out. We have a very different regulatory landscape since leaving the EU. SES supports district councils to process applications, and I respect that. NIEA has a separate role in planning applications. That would remain largely the case in the independent environmental protection agency. It is important to respect that. The Office for Environmental Protection's oversight function will remain in place and will replace, in part, the role of the European Commission. We should not underestimate the impact that leaving the EU has had on Northern Ireland. We all know that. We see it in not only the UK economy but the environment. There have been significant impacts and a changed landscape, and I am seeking to address that.

When you were asking your multiple questions, I was thinking about what the "S" in the SDLP stands for. I think that it is "sound bite".

When I came to this place to look for support to remove the cap on penalties for repeat polluters, your party did not support me. Who was it in Fermanagh and Omagh District Council —

— who pushed for the return of Going for Growth? It was the SDLP, time and time again. You may turn round and pretend that you support the environment, but the reality is otherwise.

Sorry, but you are trying to turn around and do that. When I have looked for support on measures, you have not supported me. That is the truth, and sometimes the truth is inconvenient for you.

I set out the difference that it will make in my statement, as did the review report. If the Member does not understand that, I ask that he read it again.

The Alliance Party sought to progress it via an amendment to the climate change legislation, and your party did not even turn up.

Sorry, but if you are not across the detail, that is not my problem. I set out the need for support, in principle, in regard to the agency. If we get that support in principle, we will work through the costings, but the costs of inaction are very significant. It is a no-brainer that we want to progress this.

3,283 words. Text as published by the Northern Ireland Assembly.

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Assessed 21 October 2026 at 13:38 UTC by jev-1.13.0 (requested as typesafe/jev) under rubric 2026.10-r9, methodology 1.9.

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