NI Water could face stronger pollution fines under water quality reforms
Getty ImagesFor almost 20 years, the firm that oversees Northern Ireland's water network has been protected from the level of pollution fines dealt out to other water companies in the rest of the UK – but that could be about to change.
Northern Ireland Water has operated under special arrangements since its formation in 2007, due to an acknowledgement that the antiquated wastewater infrastructure has been underfunded.
However, Environment Minister Andrew Muir has signalled new reforms that could see NI Water face punishment for issues in the waterways.
He told the Northern Ireland Assembly it was "neither right nor fair that anybody should be given a licence to pollute".
The minister added that overflows from the sewer system being discharged into waterways had contributed to water quality issues, including the blue-green algae crisis in Lough Neagh.
Muir said he will ask the Northern Ireland Executive - the other Stormont ministers - to approve withdrawing the Northern Ireland Environment Agency (NIEA) from NI Water's special arrangements as part of wider reforms designed to improve water quality.
Infrastructure Minister Liz Kimmins told the Northern Ireland Assembly she was working with Muir on the proposals, but added that any action had to be done in "a realistic way, that recognises the budgetary constraints and the scale of the issues that we're dealing with".
NI Water is overseen by the Department of Infrastructure but waterways are regulated by Muir's Department for Agriculture, Rural Affairs and the Environment (Daera).
What's the main issues with NI's water network?
It has long been acknowledged that Northern Ireland's underfunded and antiquated water system has been in serious need of investment - and that goes right back to before NI Water was formed in 2007.
When that happened, a Statement of Regulatory Principles and Intent (SoRPI) set out how it would be regulated.
This recognised that wastewater treatment had been historically underfunded.
A series of price control plans - or PCs - were put in place to manage the required upgrades to the sewage system over time.
But the fourth and latest plan – PC21 – has run into funding issues, with its flagship Living With Water project in Belfast paused indefinitely.
And NI Water has overspent on its budget, leading to an investigation.
The question of how to fund NI Water, meanwhile, remains a topic of serious debate.
Northern Ireland is the only part of the UK where households do not pay directly for their water, with NI Water instead receiving a government subsidy of more than £300m every year.
Executive parties are opposed to water charges and the Department of Infrastructure has flagged the possibility of asking housebuilders to pay into a wastewater infrastructure fund.
What does the lack of investment mean for NI's water?
Northern Ireland's Victorian sewage systems are still dealing with sewage and rainwater in the same pipes - and that can be a big issue when there's heavy rain.
When this happens, or the system is at risk of being overwhelmed, a network of combined storm overflows, or CSOs, discharge surplus wastewater into rivers, lakes and the sea.
Muir said these discharges had contributed to a fall in water quality, a build-up of nutrients and the algal crisis in Lough Neagh and a decline in the quality and market value of commercial shellfish nurseries in Belfast Lough.
Statistics from NI Water show CSOs discharged more than 24,500 times in a year.
The minister added that a review of environmental governance had found that it was "clear" the SoRPI arrangements between NIEA and NI Water were "not working as they were designed to", as NI Water had prioritised drinking water over wastewater due to a stricter regulatory regime.
The review also called for an independent environment agency for Northern Ireland.
But Muir said that had stalled in the executive and the required legislation would not now be passed by the end of the mandate.
What are the proposed reforms?
The minister listed eight possible interventions designed to improve water quality and make regulation fairer across all sectors.
Muir said these were necessary steps to rebuild public confidence in water safety.
These included stronger fines and penalties; reviewing the sentences handed down for environmental crimes; and ending the special arrangements given to NI Water.
He has also proposed:
- Stepping in to make a special designation to protect Belfast Lough
- Reviewing and putting in place new standards for premises for discharge consents, which are households and businesses allowed to release treated sewage under strict conditions
- Improving the monitoring and reporting of Northern Ireland Water's activities
- Clarifying the impact of PC21 being underfunded
- Setting up an independent environmental protection agency
