Debate contribution: Waste Water Regulation and Enforcement

Debate contribution by Mr Andrew Muir on 3 March 2026.

MLA

Mr Andrew Muir

Party at the time

Alliance Party

Date

3 March 2026

Type

Debate contribution (made as a minister)

Business

Ministerial Statements

Heading

Waste Water Regulation and Enforcement

Assembly identifier

Official Report component 5434550

Read the official Assembly record

Text

With your permission, Mr Deputy Speaker, I wish to update Members on the actions that my Department is taking to strengthen regulation of and enforcement on waste water pollution. Our rivers, lakes and loughs face mounting and unacceptable pressures. Only 29% of our surface water bodies now achieve good ecological status: a deterioration from 2011. Northern Ireland Water has reported that more than 20 million tons of untreated sewage and waste water spill into our waterways every year, with storm overflows discharging over 24,500 times annually. That is wrong and has real consequences, including three successive summers of blue-green algae blooms in Lough Neagh, alongside the deeply concerning and deteriorating position in Belfast lough and elsewhere; an increased risk to drinking water quality, as water treatment processes are challenged by the poor water quality that the drinking water sources provide, including Lough Neagh, which provides 40% of our drinking water; the cancellation of water-based sport and recreation owing to poor water quality; walkers and swimmers facing regular pollution events and beach closures; and the contamination of Belfast lough, which is damaging the shellfish water protected area (SWPA), thus reducing the quality and market value of local shellfish. Waste water pollution is clearly not just an environmental issue. It affects public health, livelihoods, the economy and the confidence that people have in the safety of the waters that they use. To rebuild public confidence, we must strengthen regulation of, and enforcement powers for, waste water pollution by making eight key interventions: legislating for stronger fines and penalties; reviewing the sentences that are handed down for environmental crimes; ending the bye ball given to Northern Ireland Water; stepping in to make a special designation for Belfast lough; reviewing standards and putting in place new ones for discharge consents; improving the monitoring and reporting of Northern Ireland Water's activities; clarifying the impact of price control 21 (PC21) being underfunded; and, importantly, setting up an independent environmental protection agency. First, we must strengthen fines and penalties. I intend to introduce a fisheries and water environment Bill in May to modernise enforcement powers by increasing the maximum fine for water pollution to £50,000 and introducing the ability to issue fixed penalty notices. Secondly, we need to review the sentences for environmental offences. The Department of Justice's planned sentencing review will include environmental offences. It will identify proposals to strengthen the sentencing framework to ensure that it continues to be effective and proportionate. Thirdly, we need to end the licence to pollute that Northern Ireland Water has been granted since its foundation in 2007, in the form of the statement of regulatory principles and intent (SORPI). Anything that we do must be fair, impartial, proportionate and applied consistently across all sectors: public bodies, agriculture, private businesses and industry. Members will be aware that I have consistently signalled my intent for the Northern Ireland Environment Agency (NIEA) to withdraw from SORPI, which, as I said, is an administrative arrangement with Northern Ireland Water that was established in 2007. Back then, it was recognised that there was a deficit in the inherited waste water infrastructure that would take time to be upgraded over a series of price control periods. Almost 20 years on, there remains an unacceptable level of waste water pollution. For my Department to deliver on its statutory duties and to respond effectively to present water quality challenges, it needs to ensure that regulation is delivered in compliance with the law and that effective enforcement is applied consistently across all sectors that cause pollution. Crucially, achieving parity requires ending outdated arrangements. It is my view that withdrawing from SORPI will deliver regulatory parity, with Northern Ireland Water then being regulated on the same basis as other industries, including agriculture. Such a step will drive environmental improvements and outcomes that support the delivery of the environmental improvement plan, which, given the scale of the nutrient pressures that waste water infrastructure is causing, is particularly important. The independent review of environmental governance in Northern Ireland recommended exiting SORPI, finding:

"From our engagements with key stakeholders and from our CfE, 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 there (as the Drinking Water Regulator has already exited SORPI arrangements)."

That is why I am seeking support from my Executive colleagues for my proposal to withdraw from SORPI and ensure that there is a level regulatory playing field for all organisations and individuals impacting on our water environment. It is neither right nor fair that anybody should be given a licence to pollute. The Drinking Water Inspectorate left in 2012; the Utility Regulator withdrew last year; now is the time for the Northern Ireland Environment Agency to depart. I look forward to early Executive engagement on the matter to help us all move forward towards improvements in water quality in Lough Neagh, in Lough Erne, in Belfast lough and across Northern Ireland. Fourthly, turning to my specific actions to protect Belfast lough, I am seeking Executive agreement to designate the shellfish water protected area as a sensitive area under the Urban Waste Water Treatment Regulations (Northern Ireland). That will require enhanced treatment for waste water discharges entering the lough. Fifthly, we need to review and put in place new standards for discharge consents. We currently have approximately 150,000 discharge consents: approximately 850 relating to waste water works; 320 relating to waste water collection systems; 6,000 relating to industrial or private processes; and 142,830 relating to domestic properties. Those reviews will result in new conditions being included in consents for new parameters that may result in more stringent standards than previously applied. In some cases, the changes may result in refusal to consent to discharge. That will be tough, but it has to be done. Sixthly, people need to know more about what Northern Ireland Water is discharging and when in order to improve compliance performance, reporting and accountability. We are working with Northern Ireland Water on those measures, but let me be clear, as Minister: the pace of delivery needs to pick up. To provide reliable, real-time evidence of the performance of waste water networks, Northern Ireland Water is rolling out an installation programme for event duration monitors (EDMs) on combined sewer overflows and pumping stations across its waste water network, with a priority to install them near to bathing waters and shellfish protected waters. Those monitors report the frequency and duration of storm overflows or spills. The data will improve operational intelligence and enable prioritisation of pollution risks to be targeted for investment to yield water quality improvements and build public confidence. A pilot to deliver near real-time reporting from EDMs has also been initiated at a small number of bathing water sites, with a view to wider roll-out thereafter. Work is ongoing by NIEA to introduce unannounced sampling of waste water treatment works within the next 12 months, bringing Northern Ireland into line with the rest of the UK. A pilot carried out between 2020 and 2024 showed significant differences between announced and unannounced results, confirming the need for the change. As unannounced sampling will provide a more accurate picture of operational performance, it is expected that reported compliance levels will fall initially, reflecting the true condition of assets and strengthening the evidence base for regulatory intervention and investment planning. Waste water flow is a critical factor in understanding the performance capacity and environmental impact of any waste water system. My Department will soon publish new guidance on monitoring waste water flow. In addition, work has started on a number of flow pilot assessments, as current reporting does not reflect the flow performance of the sewer network or treatment plants. Accurate waste water flow measurement will provide the data needed for targeted investment, effective regulation and long-term environmental protection. Seventhly, I need to clarify my Department's position on the no-detriment principle, also referred to as the zero-detriment policy, in relation to Northern Ireland Water's ability to support new development. In August 2021, the Northern Ireland Environment Agency agreed to apply that principle as an interim measure for a development in Limavady. It was intended to facilitate short-term development, but Northern Ireland Water delivered specific capital improvement schemes set out in price control 21, which was, at that time, fully funded. That approach was always conditional on those schemes being progressed within the price control period, and was subject to ongoing review.

However, with the passage of time, the interim arrangement, which was designed to be temporary, is no longer appropriate. PC21 is no longer fully funded. My Department does not support continued reliance on the "no detriment" principle as a mechanism to enable waste water capacity for new connections.

Finally, we need an independent environmental regulator, free from political interference and able to get on with the job of protecting our environment. It is not right that we are the only part of the UK and Ireland without an independent environmental protection agency. The independent panel set out the case, as part of the ‘Independent Review of Environmental Governance in Northern Ireland’ report. I am gutted that it has not been permitted to proceed. Alongside all of the actions I have set out today, we are also planning a new public awareness-raising campaign in the spring on how to best manage your septic tank. The campaign will get the message out before the powers come in to issue fixed penalty notices for low-severity, intermittent pollution that can come from septic tanks if they are not properly managed. The state of our waterways requires real change, including how we regulate and enforce waste water pollution. I remain committed to working constructively on those important matters with the Infrastructure Minister, Executive colleagues, public bodies and all stakeholders to support effective delivery. Some reforms, particularly stronger nutrient discharge standards, will be challenging for stakeholders. I acknowledge that, but we cannot allow the situation in our rivers, lakes and loughs to deteriorate any more. By strengthening the regulatory framework, improving compliance and enforcing it, we can achieve our aim, which is good, clean water.

Thank you for your constructive tone, Mark. This is a collective challenge for everyone in Northern Ireland, and it is an important moment for us to take the decisions. The fisheries and water environment Bill will come to this place, I hope, in May, and it will set out a bit more about the sliding penalty scales, and a scrutiny process will be available. A number of the actions that I have set out are already under way, particularly the waste water regulatory reform programme, so we can have a better picture of what Northern Ireland Water is doing. I have already communicated to the Infrastructure Minister my decision about no detriment. Other items require Executive approval, and I will continue to work with the Executive on that. There is a need for reform of these institutions, so that we can respect the will of the Chamber on the independent environmental protection agency, expressed in November of last year. It is not right or democratic that it cannot progress because one party does not agree with it, and that is why there is a duty on the UK Government to lead a process of reform.

Our focus on all water pollution issues is based on the four pillars, which are education, incentivisation, regulation and enforcement, and the same applies to septic tanks. That is why we will start a public awareness campaign in the spring on how people can best manage their septic tank. Many people do that, which is good, but some people need to be further reminded of their duties. We need powers to deal with people whose tanks discharge into and pollute the river so that we can be more agile. That would be a low-severity discharge for which we can issue a fixed penalty notice, but let us hope that we do not get there. Let us raise awareness of the issue so that people understand how to better manage their septic tank. As Minister, I make it clear that we need to deal with all forms of pollution fairly and equitably.

The Member will be aware that studies are available on that matter. The report of the RePhoKus study came from the Agri-Food and Biosciences Institute (AFBI) in 2020, and a copy of the NEW Harmonica study report is in the Assembly Library, where I lodged it last year. I will say one thing: we can get into percentages and who causes what, who is to blame and all the rest of it, but we have a problem, and it is embodied in Lough Neagh, which has been green for the past three summers. We need to move on from saying, "I'm not going to do something until someone else does something". We need to come together and collectively use this as a moment to say that the waste water pollution that is occurring is wrong and that we need stronger regulation and enforcement. I think that I see a collective will to do that, and I hope that we can.

It is for Northern Ireland Water and the Department for Infrastructure to respond on much of that. I cannot prejudge, for example, what fines the court might hand out. I am conscious that I have legal responsibilities, and I need to make sure that I discharge them. Alongside that, there is a need for investment in waste water infrastructure. I have been clear that I will support the Minister for Infrastructure in her work on that. However, we need to have an honest conversation on the issue in the Chamber and with the public. PC21 is underfunded, and that impacts on our water environment.

Thank you, John. I have come here today to set out what we are doing on waste water pollution not just because of legal requirements but because the Programme for Government has a core commitment to:

"Protecting Lough Neagh and the environment",

and the first strategic environmental outcome in the environmental improvement plan, which was published in September 2024, is:

"Excellent air, water and land quality".

It is important that we take those commitments seriously and deliver on them. I look forward to support from my Executive colleagues on what I have set out today.

Thank you. I need two things, the first of which is funding as part of the Budget settlement. We know what the draft Budget sets out for my Department, and it makes for pretty grim reading. We also need resource — people in post. It is no secret that my Department is carrying over 800 vacancies, approximately 200 of which are in the Northern Ireland Environment Agency. That impacts on the issues that Members contact me about, such as response times to planning consultations. I continue to work with officials on that issue. There is a wider issue with recruitment into the Northern Ireland Civil Service. We know that the Northern Ireland Audit Office report entitled 'Leading and Resourcing the Northern Ireland Civil Service', which was published in January, stated that the average time frame for recruitment was seven months. We need to get quicker at recruiting people into positions so that we can do this. I have to prioritise. I get lots of letters and questions from Members asking me to do this and do that. I have to prioritise our statutory obligations, which is what I am doing today.

I totally and utterly refute that. You seem to have a selective memory about what your predecessors did as Agriculture Ministers: they introduced a lot of the stuff that you now criticise me for. You have a selective memory in that regard. My Department takes the allegations about AFBI at Hillsborough extremely seriously. It promptly initiated inspections of the site after the allegations were first raised by a journalist in October. An animal welfare inspection by my veterinary science and animal health group identified no major concerns. An inspection by the Northern Ireland Environment Agency found a low-severity pollution incident regarding sewage fungus in a waterway below the farm that AFBI has taken action to address. Ongoing monitoring continues. I was reassured by the findings of the inspections undertaken by my officials. AFBI has also confirmed that an independent inspection of the site by Red Tractor, which provides accreditation for farm standards, has been carried out at AFBI's request, with accreditation status maintained. AFBI will continue to work to ensure that regulations designed to protect animal health and welfare, water quality and the environment are adhered to. One last thing: I saw your commentary in the media at the weekend, and some of the comments that you made about civil servants were disgraceful.

Thank you, Nick. I have had the opportunity to watch it. The first takeaway was the need for stronger regulation of the water industry. That drama-documentary makes it clear that we need to make sure that we are focused on the proper regulation of our water industry. That is something that I am seeking to do. The second takeaway — I will be open about this — was that it revalidated my position in opposing the privatisation of our water services. We have seen the consequences of that in England, and we should never allow that to occur in Northern Ireland.

I will engage with the Infrastructure Minister on that in person rather than through the Chamber. I will also take action to ensure that we do not see the death of Lough Neagh or see Belfast lough going the same way. We have responsibilities to our environment that I take very seriously. We all need to live up to them.

I was very disappointed to see that statement being issued. It is factually incorrect. I know that farmers do good work and that they are committed to improving water quality, for which I commend them. Northern Ireland Water has a role to play here. I have set out the actions that I will seek to take. The support of the Chamber and the Executive will be fundamental for me to ensure that we have stronger regulation and enforcement against waste water pollution. The situation is unacceptable, and we need support so that we can strengthen that regulatory regime.

That was something that my predecessor looked at. His party withdrew from the Executive, so it was not progressed. I have taken it back to the Executive. I hope that everyone has a shared commitment to improving water quality and will support us on that. The fact that the programme of upgrades around Belfast lough has been paused and is not being progressed is a serious concern for me. That is playing out through the impact on people not just in North Down but in Belfast, South Antrim and other constituencies, so it is important that we take action. I will hopefully get agreement on it, because we have a legal responsibility to look after our waterways.

They will not be retrospective. To be clear, I am agnostic on the causes of pollution. What I am trying to do is address pollution. The best way to do that is through education and incentives so that it does not occur in the first place. That is why we are doing a public awareness-raising campaign on how to best manage your septic tank. We will work with people on that. There is an issue with our powers in that, if there is a low-severity discharge, we do not bring that forward for prosecution, and we do not refer it to the Public Prosecution Service (PPS). We need to have more agile powers and the ability to issue fixed penalty notices. That will come forward as part of the fisheries and water environment Bill, which the Committee and the Assembly will scrutinise. We can tease out the issues then. We need to have the ability to issue fixed penalty notices. I do not want to get into the business of issuing such notices. Let us hope that, by raising awareness of the issue, we do not have to do that in the first place. We all have a role to play. When I come out of the Chamber, I get pulled from all sides and am told, "Don't do this", "Don't do that" and "Don't annoy anyone else". We have to deal with all the causes of pollution, because our waterways are collapsing. Forty per cent of our drinking water comes from Lough Neagh. In 2024 and 2023, there was an issue with that drinking water's taste and odour. There are real issues that we have to face, and I am trying to do that in a proportional, pragmatic, fair and balanced way.

Thank you, Nuala. The Office for Environmental Protection's investigation of the Department for Infrastructure, the Utility Regulator and DAERA is, sadly, not unexpected. I previously warned of the immense and unsustainable pressure being put on Belfast lough as a result of decades of pollution. Belfast lough is a water body that is much loved by the communities who live beside it. It is also an essential habitat for local wildlife. Significant and sustained action is needed in order to reverse the damage that has been done and to see the necessary water quality improvement. As I set out earlier, we have approximately 150,000 discharge consents across Northern Ireland. They need to be reviewed, especially when the waterbody is failing to meet its water quality objectives or if it is close to, or in, a special area of conservation (SAC). An action plan is therefore being developed for implementation in the next few months. Given the Belfast lough designations and the sensitivity involved, direct discharges will likely be prioritised for review. I will set out the implications of doing that. It is likely that the standards for some consents to discharge will become more stringent, which will reflect the need to protect water quality and ecological integrity. Doing that will be resource-intensive, and it will expose the need for Northern Ireland Water to upgrade its infrastructure. When we review direct discharges and set the new standards, enforcement action will be taken if those standards are not met. If SORPI is removed, prosecutions will follow, and rightly so, because we are seeing pollution in Belfast lough and other waterways. Polluting is happening with impunity, which is wrong.

It is not for me to comment on the performance of another Minister. Rather, it is for you to scrutinise that Minister's performance. I have to be confident that we have proper regulation and enforcement powers in place that meet our legal requirements and that will turn around the conditions of those waterbodies. That is what I am setting out today.

I engage regularly with the Infrastructure Minister on that and other issues. I recognise the importance of our bathing sites. They are popular. My Department has been undertaking testing at designated sites and reporting on their findings. We are looking forward to doing further work on our bathing sites, reflecting their importance to local communities.

That is a key ask from many people, including Surfers Against Sewage, which is rightly calling for the full monitoring of sewage discharges and for real-time alerts. People deserve to know where spills have occurred before they consider swimming. It is incumbent on Northern Ireland Water to push ahead with the roll-out of all EDMs without delay.

Under the regulations, it is a statutory responsibility for my Department to set out measures to reduce the pollution of freshwater and coastal waters from domestic sewage and industrial waste water. The identification of the Belfast lough shellfish water protected area as a sensitive area under the regulations is vital, because we need to reverse the downward trend in water quality in Belfast lough. Once the Executive support me in making the identification, waste water treatment works discharging into the sensitive area and its catchment will be required to provide enhanced treatment of waste water. Over time, that should help achieve the environmental objectives for the shellfish water protected area. The full cost of meeting those objectives is a matter on which we will continue to engage with the Department for Infrastructure.

Thank you, Andy. We have taken a number of actions. A dashboard has been launched to monitor water quality at all 33 designated bathing sites in Northern Ireland, which will help the public choose when and where to swim. Currently, the bathing season runs from 1 June until 15 September each year. Responses to the last bathing water review indicated public support for an extension to the season, and I know people who swim all year round. Given the potential for significant change to the policy, my Department has been sampling outside the bathing season to inform future policy direction. I also recently committed to a new bathing waters policy review for Northern Ireland, which will commence shortly. The length of the bathing season will be considered as part of that review.

I do not know whether you are aware of the rules for Executive referral, but, if an issue is significant, controversial or cross-cutting, Executive referral is required. We are very conscious of the Islandmagee gas caverns judgement and the precedent that it set, and I take that into account when considering whether to refer matters to the Executive. I will not go through the decisions of other Ministers or discuss what they have been doing; that is, perhaps, for you to scrutinise. When I seek Executive approval, I engage with my Executive colleagues. The Alliance Party has consistently, long before the SDLP decided to jump on the bandwagon, supported reform of the institutions. We will continue to do that and will call for the UK Government to lead that process.

The state of that shellfish water protected area is a clear demonstration of why the designation is needed. We are seeing the deterioration of that area. It is important that we intervene and make that designation.

I will make an announcement on Friday about water quality in Carlingford lough. That is part of the PEACE PLUS initiative, and that is positive. With some of the interventions that we are seeking to take, it will take time to turn water quality around. We need to be conscious of that. Alongside that, we need to have better reporting and monitoring of bathing water sites and set out which ones have already been designated. That information is available on the DAERA website. There is also a plan to review that.

I am not hiding; I am here, OK? I am here answering questions. I do not know whether the Member was in the Chamber earlier, but that point was raised and I responded to it. There is a trend in this place of Members asking the same question again and again when it has already been answered.

In relation to meeting GB News, I will meet serious journalists. GB News is neither.

4,568 words. Text as published by the Northern Ireland Assembly.

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Assessed 21 October 2026 at 15:01 UTC by jev-1.13.0 (requested as typesafe/jev) under rubric 2026.10-r9, methodology 1.9.

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