Andrew Muir
North Down · Alliance Party · Northern Ireland
“Thank you very much, Mr Deputy Speaker. As Minister, I am grateful to the Chair of the Agriculture, Environment and Rural Affairs Committee and to Members from all sides of the Chamber for their consideration of the Bill and their contributions to the debate, which have been valuable and useful.”
“I will write to you with regard to your query. <BR /> <BR />The other issue, as I said, is reporting pollution incidents so that they can be effectively investigated. There is a duty on everyone to do that promptly.”
“Aquaculture provides real economic opportunities, and the Bill will help ensure that those opportunities are realised responsibly without compromising the environment. Importantly, the Bill includes transitional provisions so that existing licences can continue seamlessly as aquaculture licences, with their conditions unchanged.”
“That is not about being punitive for its own sake; it is about ensuring that the legal framework reflects the true value of our natural resources and the importance of protecting them for future generations.”
“<BR /> <BR />On strengthening the regulation of inland waters, the Bill modernises long-standing powers under the Fisheries Act (Northern Ireland) 1966, ensuring that they are fit for today's environmental and industry challenges. That matters because fisheries management today goes far beyond simply catching fish.”
“<BR /> <BR />A full regulatory impact assessment of the financial impact has been completed. It concluded that the Bill does not introduce significant new financial burdens and that any costs are outweighed by the long-term benefits.”
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“My special adviser left her post on 13 August 2024. The Member will appreciate that it would not be appropriate to comment further on what is essentially a confidential HR process.”
“I am happy to speak to the Member on the specifics afterwards because we need to give her a detailed response. The Department has an enforcement policy, and it is key for people to report the issues urgently. One of the other issues is that we want to ensure that the fines and penalties are appropriate, and we are reviewing that.”
“<BR /> <BR />A close working relationship with my Department is of mutual benefit as we strive to improve water quality in Lough Neagh and Northern Ireland. In addition, I am pleased to report that, in the next few months, I will chair the first quarterly Lough Neagh stakeholder forum. The forum will play a crucial role in progressing our next steps by enabling diverse and valuable input and providing a communication pathway as the implementation of the action plan progresses. I was at one of those events in Glenavy, and the turnout was fantastic. It was really good to see people working together on the issues.”
“The Northern Ireland Environment Agency and my Department delivered three Lough Neagh outreach events in October 2024 around the lough shore to provide members of the public and other interested parties with information and guidance on blue-green algae. The events provided the opportunity for local stakeholders to see the ongoing work that is being delivered around the Lough Neagh catchment area. DAERA and the Northern Ireland Environment Agency will continue to work closely with local stakeholders, including the Lough Neagh Partnership, the Rivers Trust and local angling clubs, which are the eyes and ears of our rivers and can pick up on issues and opportunities to improve water quality.”
“We have appointed a number of suppliers — I was in Tobermore most recently, and I was also in Dundonald with Blakiston Houston Estates — and it is about moving to a situation where we can export the excess that we have to other parts of the world and generate electricity from it. That is a positive thing, and I thank my officials for progressing the SBRIs, because they are very positive.”
“We have a number of small business research initiatives. One is being taken forward by the UK Space Agency that is about monitoring blue-green algae, and there is significant interest in that. Another is about tackling and, potentially, reducing the blue-green algae blooms in Lough Neagh. We recently announced a number of suppliers on that, and we will see how that works out in the time ahead because it is about research. We will do a further launch of that initiative tomorrow, hopefully with the First and deputy First Minister. <BR /> <BR />Another initiative is about the sustainable utilisation of slurry, which is something that I strongly support and am passionate about. It is about moving from viewing slurry as waste to viewing it as a resource.”
“That is why I am reviewing the statement of regulatory principles and intent associated with Northern Ireland Water. It is absolutely key that we do that and that we treat everyone in Northern Ireland fairly on these issues. I will not be found wanting in that. <BR /> <BR />We need to invest in waste water infrastructure, which is why I continue to support John O'Dowd in his bids for funding. You might find it strange that one Minister is calling for another Minister's budget to be increased, but that is the kind of person I am.”
“I have repeatedly said on the record that I am not involved in blame games — that is not where you will find me — and I do not believe in using some of the language that has been used in recent months. We need to work together to address the issues. We need to invest in waste water infrastructure, but we also need to take a better approach to enforcement when it comes to environmental crime. That is why, working with the Department of Justice, we will review fines and penalties for environmental crime: we need to provide sufficient deterrent. We also need sufficient resources — that is key to my budget for next year — so that we can do the regulation, investigation and enforcement activities associated with pollution. <BR /> <BR />I am clearly of the view that any polluter in Northern Ireland should be treated the same as any other.”
“That includes the development of a Lough Neagh science platform and the development and validation of models to apportion nutrient loadings from agriculture and non-agriculture sources at river catchment and sub-catchment level. <BR /> <BR />Further information on source apportionment and the caveats associated with the estimates of the contribution by different sectors to nutrient pollution is in annex B of the Lough Neagh report and action plan.”
“<BR /> <BR />Provisional Lough Neagh-specific data that AFBI prepared for the Lough Neagh report indicates a similar pattern, estimating that 56% of the total phosphorus load reaching the lough is from the agriculture sector; 31% from waste water treatment works; 1% from septic tanks; and 12% from other diffuse pollution, such as forestry and urban. Those figures have not been finalised, however, and further work is under way to do that, with outputs expected for release in January 2025. <BR /> <BR />My Department's Chief Scientific Adviser's office is working with senior science representatives from AFBI, DAERA's environment, fisheries and marine group, the Northern Ireland Environment Agency, Northern Ireland Water, Queen's University and Ulster University to oversee a joined-up programme of further scientific work for Lough Neagh.”
“For Lough Neagh, like many waterbodies across the globe, the primary environmental problem that leads to the growth of blue-green algae is the excessive enrichment of waters with nutrients, specifically phosphorus and nitrogen. We know that the main contributing factors in that enrichment are agriculture and waste water from treatment works and septic tanks. The RePhoKUs project led by AFBI was completed in 2020 and attributed the sources of excess phosphorus entering the water environment in Northern Ireland as 62% from agriculture; 24% from waste water treatment works; and 12% from septic tanks.”
“<BR /> <BR />I will do all that I can, as Minister, to support the farming community in Northern Ireland with the resources that I have.”
“There is already North/South disparity in agriculture when it comes to Budget settlements and investment. Some of that is, frankly, about the outworkings of Brexit, with Northern Ireland no longer being part of the European Union, whereas, in the Republic of Ireland, the common agricultural policy still applies and funding is set aside. I cannot resolve that, but I can make the case for Northern Ireland to my Executive colleagues and the UK Government. <BR /> <BR />I also have strong engagement with Ministers in the South about the issues that they face and how we can replicate some of the measures that they are taking. We have had good discussions about the scheme for sheep support that has been rolled out in the South and how we can replicate that in the North.”
“I will check my diary for that, but I will comment a wee bit on the issue that you have raised, which is about inheritance tax and agricultural property relief. <BR /> <BR />It was a bad Budget for farmers, and one of the biggest issues is the decision on agricultural property relief. Northern Ireland will be disproportionately affected by that. I am meeting the Secretary of State today, and I will raise that issue and ask for a rethink. We need to provide succession planning for farming in Northern Ireland so that we can encourage young people into farming and ensure the future success of family farms in Northern Ireland. The move on inheritance tax has severe impacts that inhibit that generational renewal and is causing a lot of angst and concern in Northern Ireland's farming community.”
“I want to see that funding, alongside rural development, ring-fenced for Northern Ireland, because we need to protect those communities. I will work with my Executive colleagues to secure that. The funding was earmarked until the end of March next year, and it is important that we provide certainty going forward. That is something that I am keen to do.”
“Rural affairs is a priority for me and something that I have been spending time on. I have a number of ministerial priorities, which includes rural affairs. It is something that we are progressing in developing a new rural policy that we will seek to consult on in due course. I am also making efforts to see how we can restore funding for rural development. That funding was lost as a result of leaving the EU, and I want to see how we can restore that and had discussions with the Finance Minister on Thursday about that. It is absolutely vital that we support rural communities and reflect their needs today. <BR /> <BR />I also want to speak a bit more on the Budget. A decision that was made for the funding for farming and fisheries to no longer be earmarked and to just come as part of our block grant is a concern for me.”
“Moving forward, this funding will be essential in delivering my priorities of tackling climate change, protecting our natural environment and supporting a sustainable, resilient and productive agri-food sector.”
“As the House will be aware, following the autumn Budget 2024 announcement last Wednesday, funding for agriculture, agri-environment and the wider rural economy will no longer be a ring-fenced addition to the Northern Ireland block grant. Instead, future funding for agriculture and fisheries will now be considered as part of the Executive’s Budget for 2025-26. My officials are still working through the detail, but I will do all that I can to ensure that the agri-food sector continues to be supported. I am confident that all parties in the Executive are fully supportive and care deeply about supporting our economically and socially significant agri-food sector.”
“It was agreed that we would have a specific discussion at a future Executive meeting. Additional capital funding has been allocated as a result of the Budget that was announced last Wednesday. It is for the Executive to decide how to spend that, but is my strong desire to ensure that we prioritise waste water infrastructure for capital investment.”
“There were a number of questions from the leader of the Opposition there. One was about Lough Neagh, and the other was about working with the Minister for Infrastructure on waste water infrastructure. I entirely refute the allegation that this is a Lough Neagh inaction plan. The Member will know that we are delivering many actions from that, and they are coming out regularly. I welcome the work that has been done by my officials and in conjunction with others, particularly in the agriculture community. We are very focused on delivering that action plan, as we have been over the last number of weeks and months. <BR /> <BR />I have a strong working relationship with the Minister for Infrastructure. The need to invest in waste water infrastructure was recently discussed at our last Executive meeting.”
“The impact that waste water infrastructure has on our waterways more generally in Northern Ireland is about 24%. Obviously, that varies in different areas, but, in Belfast lough, it is substantial. We know that there is a need for investment in the Kinnegar waste water treatment works in Holywood; that has a specific impact on Belfast lough. It is critical that we invest in waste water infrastructure.”
“They possibly relate to agriculture. Actions have been taken by the Department to improve the water quality in Northern Ireland and reduce the impact from agriculture. That will also be laid out shortly in a nutrients action programme (NAP) and the consultation on that. That is a key measure to improve water quality.”
“My Department's role is to test bathing water quality, which you referenced. The recent report outlined that. There are a number of contributory factors to the pollution of our waterways. In Belfast lough, it is largely to do with waste water infrastructure. I continue to work with the Minister for Infrastructure on that, and I will continue to support his bids for funding for NI Water, because we need to invest in that infrastructure so that we can reduce pollution. In Ballyholme in my constituency, for example, a piece of work is being undertaken in conjunction with my Department, including the Agri-Food and Biosciences Institute (AFBI), and NI Water to do some research into what the contributing factors are.”
“I am very aware of the recent Northern Ireland Water report, which is titled 'Story of Belfast Lough'. It paints a very concerning picture for all of us about an area in our constituency that is for Northern Ireland to use. I have reflected on the issue, and I have read the report. It is my strong view that, if investment is not made quickly in waste water infrastructure affecting Belfast lough, I feel that, sadly, we are on course for seeing Belfast lough become our next Lough Neagh, with serious and substantial water quality breakdown.”
“<BR /> <BR />Belfast lough is a special protection area (SPA) for a range of bird species, supporting more than 10,000 birds during the winter months. Seabird populations in the UK overall are not in good status, and that is reflected in species such as the redshank and the great crested grebe in Belfast lough. Other species, such as the bar-tailed godwit, are in favourable condition, however, and there are stable, favourable trends for breeding terns. A decline in seabird populations is likely to be as a result of a range of factors.”
“The high levels of nutrient and bacterial pollution in Belfast lough have an impact on marine life, particularly in the area inward of the line between Carrickfergus and Grey Point, known as the inner lough and harbour. Within the inner regions of the lough, marine life shows signs of pollution pressures. Shellfish grow well in that nutrient-rich area but require cleansing before human consumption. Seaweeds and other plant life are at moderate status in the harbour area, improving to high status in the outer lough, with Ballymacormick Point being one of the most biologically diverse sites in Northern Ireland. The sediment-dwelling organisms tend to be more resilient to nutrient pollution and are at good to high status, again improving as the distance from Belfast increases.”
“I thank the Member for his question. I have set the policy direction for the strategy with my officials, and they are now progressing it. Some actions will be the responsibility of other Departments, as I outlined, and I will work with my ministerial colleagues to finalise that important, cross-cutting strategy. It is my intention to publish the strategy for consultation as soon as possible. The pace of work may be impacted on by competing resource pressures. It is, however, a priority. I have met officials, and we are seeking to progress it.”
“I am very conscious of the figure that the Member has quoted, because those are individual lives that are being lost as a result of poor air quality in Northern Ireland. I will do whatever I can in my power, whether that be through the environmental improvement plan or the future air quality strategy for Northern Ireland, to reduce the number of deaths and to improve air quality, but that requires a cross-departmental approach, because more than just my Department can contribute. That is why I am working with other Departments on the actions that we can take to improve air quality.”
“My inspectors will continue to regulate the permitted installations in the Granville Industrial Estate to ensure that permit conditions are complied with and will take appropriate enforcement action in line with DAERA enforcement policy where necessary. Granville Ecopark Ltd is working towards complying with an enforcement notice that the NIEA issued to the company on 7 March this year about odours.”
“I am aware of the issues, and I am happy to respond to them. I must say that there are resource pressures in my Department around the Northern Ireland Environment Agency and, more generally, in environmental protection. That is something that I will seek to address in the Budget next year. We need to support our environment, alongside farming, which, no doubt, we will talk about today. The NIEA continues to receive reports of odour relating to Granville Industrial Estate, particularly with respect to Granville Ecopark, which is an anaerobic digestion plant. I am aware of concerns from local residents, and my inspectors in NIEA continue to work with the company and other permitted sites in the Granville Industrial Estate to see improvements in the control of potentially odorous emissions.”
“The environmental improvement plan was published on 27 September this year, and it is, therefore, too early to identify improvements in air quality when compared with targets and actions included in the plan. However, the 'Air Pollution in Northern Ireland 2023' report was published on 3 October 2024 and demonstrates that legislative limit values, target values and air quality strategy objectives were met for the majority of pollutants monitored in Northern Ireland in 2023. Further information and data from air quality monitoring stations is available on the Air Quality NI website, via the link at airqualityni.co.uk.”
“I have made clear in the past my commitment to this, but we need to work this through to ensure that we fully understand the issues and the potential solutions to them. This is in a complex area, and it needs to be fully scoped out in the changing environmental landscape in Northern Ireland.”
“Thank you, Mr Blair. I am keen to bring forward proposals to set up an independent EPA for consideration by the Executive. I want to explore models that will deliver improved and more independent environmental governance. Much has been said in the past by various individuals and groups about the lack of separation between the policy and regulatory roles of DAERA and NIEA and the need for some degree of independence. It has been said that an independent environmental protection agency could deliver that and more, including improved public confidence in our governance arrangements and a reduction in environmental degradation. <BR /> <BR />I understand the concerns raised about current arrangements and see value in an independent environmental protection agency. I also recognise the commitment in New Decade, New Approach.”
“The Office for Environmental Protection was set up as a result of us leaving the European Union. It has a significant and important role, which I value. A number of reports have been recently published, and they are obviously in the discourse of the Chamber and in the media. The issue is that that is one part of the environmental governance landscape that has emerged post EU exit, and we still do not have an independent environmental protection agency in Northern Ireland. That is something that we want to consider. I value the Office for Environmental Protection, and I believe that it is doing a good job.”
“I started work on strengthening environmental governance on taking up office, and I asked officials to do that scoping study within my first few weeks. The next step here is to consider what an independent environmental protection agency would look like, what its powers would be and how it could actually improve the environment in Northern Ireland. I will be announcing the next steps in the next number of weeks. As part of that, there will be a call for evidence to get different views on that, and I will be engaging with my Executive colleagues as part of that process, recognising that any legislation or proposals to set up an independent environmental protection agency will require Executive approval. I will engage with the Executive as part of that.”
“I have previously made clear my desire to strengthen environmental governance in Northern Ireland and the importance of that, and I am fully committed to working on that. Officials previously provided me with an initial scoping paper that outlined current environmental governance arrangements and some options for strengthening them That was an internal exercise for my consideration as part of policy development and was not for publication. <BR /> <BR />Officials continue to progress work on ways to strengthen environmental governance, and I will provide a further update to the Assembly in due course. Any firm and final proposals to strengthen environmental governance will need to be brought to the Executive for consideration.”
“I thank the Member for his question. He touches on an important issue, namely the situation with NI Water and how that is regulated by my Department and the Northern Ireland Environment Agency. The key underpinning policy around that is the statement of regulatory principles and intent (SORPI). I am on the record as having said that that is not fit for purpose and that we need to call time on that. I have asked officials to review that, and that review will be concluded by the end of the year. That is an important step towards dealing with issues of pollution from NI Water.”
“The NIEA received a report of pollution in the Loop river on 31 May 2024. The incident was classified as having a medium-severity environmental impact. NIEA water-quality inspectors carried out an examination of the drainage system in the area with a view to identifying the source of the pollution. The culverted nature of the drainage system curtailed the inspectors' ability to definitively identify the source of the polluting discharge to enable formal enforcement action to be taken. As part of the investigation, however, inspectors worked proactively with a local company within the catchment, and that company has since introduced improvements in its working practices. Continued monitoring of the waterway has shown that pollution discharge has now abated.”
“The key challenge in my Department is not so much about the powers; it is about having the resources to carry out investigations and pursue prosecutions. That is why I have reallocated some of my Department's resources to NIEA's regulation and enforcement powers. <BR /> <BR />Another issue arising is fines and penalties for environmental crime, and that is why we are taking forward, with the Department of Justice, a review of the sentencing framework for environmental crime. It is absolutely fundamental that we do that. <BR /> <BR />Lastly, I emphasise to all Members and the general public that, if they are aware of environmental crime or pollution, they should report it urgently to the Northern Ireland Environment Agency's pollution hotline.”
“However, NIEA will work with the polluter, where identified, to ensure that pollution is stopped and that that action is taken to minimise the risk of reoccurrence. Of the 53 low-severity incidents, 10 had a domestic source, 15 had an industrial source, six were related to NI Water assets and one was of an agricultural source. Twenty-one low-severity incidents had a source classified as "other", which may include pollution from oil spills, suspended solids from construction sites, paint washings or other miscellaneous sources.”
“Between 2019 and 2023, there were 55 confirmed water pollution incidents in the East Belfast constituency. Two incidents were assessed to have a medium-severity environmental impact. The other 53 were assessed as having a low-severity environmental impact. <BR /> <BR />The two medium-severity incidents related to an NI Water incident in 2019 and an agriculture incident in 2020. The Northern Ireland Environment Agency (NIEA) issued a warning letter and claimed cost recovery in relation to the NI Water incident, and breach of cross-compliance regulations was progressed in relation to the agriculture incident. <BR /> <BR />In respect of the 53 low-severity incidents, formal enforcement action is not normally considered.”
“I will follow up in writing with the Member.”
“I will finish in one second. <BR /> <BR />A question was asked about Lucy's law. We will bring that forward during this mandate, but I will engage with stakeholders about what else we can do. If the Department can get additional resources, that will give me much more scope to bring things forward. I will consider the issue that has been raised today, because we need to do what we can to tackle animal cruelty in Northern Ireland. <BR /> <BR />I am happy to give way to Gerry.”
“I recognise the concerns that have been expressed in the House. The Member from North Antrim Timothy Gaston commented that we have fallen behind: that is partially due to the fact that the House did not sit for a number of years and we were not able to bring forward policy and legislation. I am glad that we are here, and I will use the rest of the mandate to the best of my ability to progress policy and legislation. I am engaging with the Finance Minister about the resources that can be allocated to my Department so that it can bring forward policy and legislation in the next financial year and beyond, because doing so requires resources. Over the next period, we will engage with the relevant stakeholders, whose work I immensely value, to understand the policy and legislative priorities that we can take forward.”
“<BR /> <BR />Ultimately, my vision is to take Northern Ireland to a place where we do not have to rely on reactive enforcement. I want Northern Ireland to be a place where the lives of animals are appreciated and valued and people realise that maltreatment and abuse is abhorrent and wrong. Strong legislation and robust enforcement powers are only one component of achieving that aim. We also need to engage, educate and inform current and prospective animal owners on making the right choices and to give them the information that they need. To achieve that vision, I need the support of everyone in the House, all stakeholders and people in Northern Ireland with an interest in the well-being of animals and the general public. <BR /> <BR />I will say a few things to conclude. I support the motion, and I am happy to look at the issue again.”
“The report concluded that the operation of a register would involve a significant cost to government and that there are legal barriers that would prevent the establishment of the register. That mirrors the experience of my Department. <BR /> <BR />I have approached the matter with fresh eyes and an open mind. I have brought it to the attention of the Irish Government. I have not been found wanting. I have probed the topic in depth, as officials will know. It is hard to escape the fact that my Department has explored the matter on three separate occasions and creating a register remains legally complex and cost-prohibitive. If the rescue and rehoming sector or similar organisations feel that they need additional safeguards, an option already exists to establish their own processes around AccessNI checks.”
“<BR /> <BR />As it stands, no other part of the UK or Ireland has plans to create or establish a register of animal welfare offenders. When I spoke to Charlie McConalogue in September, he outlined that his Department was not contemplating establishing any form of register. The Welsh Government invited RSPCA Cymru to lead a task and finish group to explore the feasibility of a register in 2018. That exercise involved examining the effectiveness of registers operating in Finland and parts of the USA, as has been mentioned here today. The conclusion reached by the Welsh group was that no evidence could be found to prove that registers are as effective as desired; indeed, the findings of the group indicated that animal welfare agencies in the USA had concluded that the registers did not work.”
“<BR /> <BR />Towards the end of 2022, officials engaged with the Northern Ireland Companion Animal Welfare Group to test their proposal. The Northern Ireland Companion Animal Welfare Group ruled out implementing the proposal, as it believed that it could lead to potential delays to rehoming pets due to the wait for the criminal record check; that rehoming centre staff could be put in a volatile position if they refused to rehome an animal due to previous convictions; and that it may dissuade potential owners due to the additional cost of the check, which is £16. While I respect the views of the Northern Ireland Companion Animal Welfare Group, it could be argued that those concerns would exist even with direct access to the criminal records viewer.”
“It is also questionable whether such an approach would deliver benefits and have the impact that we want to see in safeguarding animals against cruelty. <BR /> <BR />My officials also stated that they had explored the possibility of a voluntary code, where animal rehoming organisations and commercial pet shops would be required to get prospective animal owners to apply for a basic AccessNI check. That would disclose the details of that check to the organisation or business concerned before the transfer of the pet took place. It was felt that that way forward could be implemented once guidance is developed and that it could be operational within months. There would be no cost to the public purse or rehoming organisations, and it would allow access to all unspent convictions.”
“Third parties could then make requests for information to that team, which would determine the veracity and lawfulness of the requests. That approach would require significant investment in staff and resource and would certainly need ongoing legal support. Work would need to be undertaken to scope out costs, but broad estimates from 2021 suggest that annual costs could be about £1 million for staff, the securing of the necessary IT and training. Unfortunately, that is money that my Department does not have. It is questionable whether such an approach would ever pass the value-for-money test. We should never apply the value-for-money test to preventing cruelty to animals in Northern Ireland; I am just talking about how we would evaluate it and make a business case.”