'Quite frankly the system of reporting, investigating, ranking and bringing a case to completion is broken' as nobody to be prosecuted over Crumlin River fish kill
The Development Officer of Crumlin and District Angling Association says the system of reporting environmental matters is "broken" after it was confirmed that no prosecution is forthcoming following a major pollution incident.
A total of 3,500 fish were killed within a 6km section of the Crumlin River on February 12 last year.
The river is home to wild brown trout, dollaghan and salmon, and runs from its source in the Belfast hills, passing through Crumlin and into Lough Neagh.
David Kennedy, who is the Development Officer for the club, said it was "alarming" that nobody will be prosecuted for the incident after receiving confirmation from the Northern Ireland Environment Agency.
He further commented how the pollution has left the river “in a much poorer state”.
He added: “As it currently stands there is no recompense for our angling club, as the managers of these waters. There is no way for us to reinstate what we have lost in terms of the number of fish and the damage to the entire ecosystem and habitat.
"Our river is in a much poorer state due to this major pollution incident, as will be Lough Neagh, where ultimately all this pollution ends up.
“It was only this week that Minister Muir announced an independent review to strengthen environmental governance, with the appointment of a three-member panel. This could not be a more opportune time.
“Quite frankly the system of reporting, investigating, ranking and bringing a case to completion is broken. Of the major fish kills across Northern Ireland between 2019 and 2023, amazingly 32 out of 49 saw no prosecution.
“Of a total of 41 confirmed pollution incidents on the Crumlin River alone over the same period, shockingly only one single case was brought to prosecution, a prosecution that was later dropped.
“Polluters will continue to pollute with impunity while the current approach continues.
“It is our view the urgent change is needed. We will be writing to both the Minister for Agriculture, Environment and Rural Affairs and the independent panel, asking for a meeting to urgently address these concerns.”
A spokesperson for the Department of Agriculture, Environment and Rural Affairs said: “NIEA responded to 49 Fishkill incidents linked to pollution across Northern Ireland in the period 2019 to 2023. Every incident is investigated thoroughly with a view to identifying the source, preventing further pollution and minimising the environmental impact. Evidence is collected and where that evidence is sufficient, a case file is prepared for the Public Prosecution Service (PPS) for their consideration to take forward a prosecution.
"In terms of the Crumlin River catchment, regrettably there have been 40 incidents of varying severity confirmed during the same period. 34 of these were classified as Low Severity environmental impact and formal enforcement action is not deemed to be proportionate in such cases. Of the other 6 incidents, enforcement actions have been, or are being, pursued in each case. In the case of the February 2023 incident, despite a very rapid response and investigation, unfortunately it was not possible to secure sufficient evidence about the pollution source to enable the PPS to take forward a prosecution.
"Additional funding provided for Lough Neagh has supported the provision of additional officers to undertake catchment investigations as well as increased inspection and enforcement activities. This will be supported with a review of fines and penalties for environmental crime in collaboration with Department of Justice. Officials recently met with a range of stakeholders, including Crumlin and District Angling Association to identify ways in which community based groups could support the work delivered by NIEA to improve water quality.
"If anyone wishes to report incidents of water pollution, they can do so by phoning the NIEA Incident Hotline on 0800 80 70 60.”