NEWSLETTER Issue 32 Summer 2018

Northern Ireland's

Northern Ireland Photo courtesy of Declan Allison/Friends of the Earth Catastrophic environmental Missed green regulation failure opportunites

As its 20th anniversary passes, it Immodestly entitled ‘Sustainable would be a safe bet to conclude Development in the Countryside’, that the 71 per cent support in fact it allowed of a continued for the Belfast Agreement in pattern of dispersed rural housing, the subsequent referendum when genuine environmental Efforts to protect Northern The presence of an environmental the need for externalisation of would have been elevated to considerations should favour Ireland’s environment have protection agency operating at environmental regulation and 90 or 95 per cent among those compact urban and village been completely undermined by arms-length from government has continued to reject demands of a cosmopolitan, ecological settlement, associated with public spectacular regulatory failures is not necessarily a prerequisite for reform of environmental disposition—in sharp contrast to transport, walking, and cycling. and a system of environmental for effective environmental governance structures. Coupled those wedded to inward-looking governance wholly unfit to protection. However, many of with the political relegation of sectarian protagonism. Yet the The third, and most egregious, fulfil its purpose. While media the regulatory failures that have environmental concerns in the outworking of the agreement was the failure to establish an attention has focused on the occurred over the past 30 years face of issues associated with elevated the latter, as time went independent environmental particularly visible issue of waste have been attributed to this security, the economy, and now on, to untrammelled power. protection agency for the region. management, serious problems feature of Northern Ireland’s governance post-, the status As we know from the ‘Brexit’ with regulation span all areas of environmental governance quo has persisted. A DUP MLA once confided at campaign, populists have no wish the environment, including illegal arrangements. Stormont his concern that his that ‘experts’ should dislodge their quarrying and mineral extraction, Whether future decision-making colleagues would ‘trash’ the prejudices and, as environment planning, water pollution from Particularly problematic issues powers lie with a devolved place—and they did. We are all too minister, Arlene Foster of the DUP agriculture and sewage, and the have been the creation of government, direct rule ministers, aware of the consequences, of rejected the well-argued report protection of designated nature ‘poacher–gamekeeper’ scenarios or in some form of all island which three stand out. of an independent commission conservation sites. within environmental regulation, authority, there is an urgent need The first, and most obvious, was a on environmental governance, allegations of political interference to address this core governance failure to give any kind of priority arguing for just such an In addition, despite the Good in regulatory decision-making failure which cannot wait until to environmental issues during the independent agency, published in Friday Agreement’s express and inconsistent environmental Brexit is resolved. Continued two periods of post-agreement 2007 in the month after devolution provision for cross-border policy-making dependant on the denial of the inherent need for an devolution. Not only was this was restored. As Sharon Turner cooperation on environmental political allegiance of successive environmental regulator that can because of the dominance of and Ciara Brenna of Queen’s concerns, joined-up thinking and environment ministers. The result operate solely with environmental Orange and (the other kind of) School of Law demonstrated in collaboration on issues such as has been a complete collapse protection as its core mission Green politics, sustained by an acerbic analysis of the episode, illegal waste disposal remain in public confidence in the rather than to further other its own inertia well past the this perverse outcome came underdeveloped. Recent scandals environmental regulator, despite political objectives will serve decades of violent conflict like about even though serious issues including the discovery of one of valiant efforts on the part of its civil only to undermine public trust in a detached flywheel. It was also of water pollution in particular the biggest illegal dumps in Europe servant employees to improve the government. because, insofar as the parties were going unaddressed—and and the almost inconceivable delivery of regulation in practice. focused politically anywhere else, the Ulster Farmers’ Union was maladministration emerging It also demonstrates not only it was on economic growth, as the only social interest defending via witness testimony at the For over a decade environmental rejection of evidence based conventionally conceived. Hence the status quo, while the DUP did inquiry into the Renewable Heat NGOs in Northern Ireland have research, public opinion, and the it was only under the ‘democratic not even command an assembly Incentive scheme have thrust campaigned for reform of the findings of numerous external deficit’ of direct rule that in 2006 majority on the issue. environmental policy failures highly problematic governance scrutiny reports, but also an Northern Ireland’s first sustainable- into the public eye. However, to structures that exist in this alarming level of antipathy development strategy emerged, There is now growing recognition some extent these well-publicised jurisdiction. Investigations into towards environmental protection modestly entitled ‘First Steps in hindsight that the agreement incidents detract from the more systemic regulatory failure and effective environmental Towards Sustainability’. It went unwittingly embedded the insidious and alarming problem of undertaken by numerous public governance. Until meaningful back on the shelf when devolution sectarian mindsets and vetoes a growing crisis in environmental scrutiny bodies have concluded reform occurs, the consequences was restored the following year. which have proved the seeds of quality brought about by decades that wide ranging reform is of the regulatory dysfunction that its own destruction, of which the of failing and unaccountable required and that an independent has characterised environmental The second consequence ambition of reconciliation has been environmental regulation. environmental protection agency protection efforts to date have of the ascent to power in a victim. So too has the region’s would enhance the quality of been, and will continue to be, Northern Ireland of parties seen stressed environmental fabric. An issue considered central to the regulation delivered. Academic catastrophic for Northern Ireland’s elsewhere in Europe as now creation of a weakened approach analysis has agreed. environment, economy and constituting a major populist Robin Wilson is author of The to environmental regulation over ultimately for its fragile political threat was a taken-for-granted Northern Ireland Experience the last decade has been the Even within the Assembly there institutions. social conservatism perfectly of Conflict and Agreement: A failure of the devolved government has been widespread political expressed in the planning-policy Model for Export? (Manchester to establish an independent support for reform. However, Dr Ciara Brennan is Lecturer in statement PPS21, issued in 2010. University Press) environmental protection agency the DUP has disagreed with Law at Newcastle University.

Friends of the Earth Local Groups

7 Donegall Street Place Belfast BT1 2FN Banbridge and Mourne Friends Tel: 028 9023 3488 Fax: 028 9024 7556 of the Earth Email: [email protected] Website: www.foe.co.uk/ni Bonnie Anley Tel: 07730 401331 James Orr Director Email: [email protected] Tel: 028 9023 3636 Email: [email protected] Craigavon Friends of the Earth Declan Allison Campaigner Maggie McDonald Tel: 028 9089 7591 Email: [email protected] Email: [email protected]

Niall Bakewell Activism Co-ordinator Queen’s University, Belfast Tel: 028 9089 7592 Email: [email protected] Freyja Bourke Email: [email protected] Colette Stewart Campaign Co-ordinator Tel: 028 9023 3488 Email: [email protected] University of Ulster Friends of the Earth Lynda Sullivan Office Co-ordinator Nicole Hempkin

CONTACTS Tel: 028 9023 3488 Email: [email protected] Email: [email protected] Photo courtesy of Northern Ireland Assembly of Northern Ireland courtesy Photo

Editor: Declan Allison. Contributors: Ciara Brennan, Robin Wilson, Naomi Luhde-Thompson, Colette Stewart, Ciaran McClean, James Orr, Dean Blackwell, and Doris Noe. The views expressed are not necessarily those of Friends of the Earth. Designed by: Dogtag Creative. Printed on paper made from 100 per cent post-consumer waste.

Friends of the Earth is a collective name for Friends of the Earth Trust, registered charity 281681, company number 1533942, and Friends of the Earth Limited, company number 1012357, both of which may use the above information. In both cases the registered office is at 26-28 Underwood Street, London N1 7JQ Tel: 020 7490 1555 Fax: 020 7490 0881 Email: [email protected] Website: www.foe.co.uk , company number 1012357 © Friends of the Earth 2018. All rights reserved. No part of this book may be reproduced by any means nor translated into a machine language without written permission. Friends of the Earth would like to keep you up to date on our work and what you are helping us to achieve. If you would prefer not to receive any further communication from us please contact: [email protected] or call 028 9023 3488 with your contact details.. Championing the right to a Agri- business healthy environment has had Everyone has the right to live in a healthy environment. But the reality is far different. Every its cake day on our way to school or work or just being out and about we will all experience some form of pollution. And our most special places are under and threat from destructive development. Twenty years ago, a group of European countries, eaten it including the UK, signed the Aarhus Convention, agreeing that:

“In order to contribute to the protection When thinking about farming, I’m immediately of the right of every person of present and taken to a place of lush green grassy fields rich future generations to live in an environment with produce, the hum of tractors, the sounds of adequate to his or her health and well-being, animals grazing in the fields, and of a bustling each Party shall guarantee the rights of access rural community. In recent decades agriculture to information, public participation in decision- has changed though. Huge industrial units are making, and access to justice in environmental popping up like mushrooms with the animals matters in accordance with the provisions of this hidden from sight. Intensive factory farming has Convention.” propelled agri-food up the political agenda with the icing on the cake being the implementation Each country (the ‘Party’) has to make sure that of the strategy Going for Growth (GfG). we have a right to know about environmental Photo courtesy of Friends of the Earth issues, a right to be involved in decisions on the The strategy’s objective is to make Northern environment, and be able to challenge decisions dredgers, the Tyrone gold miners, or the industrial Ireland a leader in the global agri-food market, when things go wrong. Without these rights, we pig farmers. In celebrating twenty years since the Convention putting many smaller family farms at risk from would be in the dark about what was going on. was first signed, its impact is in our freedom of being gobbled up by the big boys. Intensive We would be more powerless to do something People from Spain to Kazakhstan use their rights information laws, planning laws, and ability to livestock applications are being fast tracked about it. under the Convention to question decisions on bring legal challenge through judicial review through planning with political support all the damaging development, including major dams, – but in the face of impending Brexit and the way. This is not sustainable. We wouldn’t have access to information on roads, airports, and GMO crops. possible loss of environmental protections, the chemicals used by companies who want to these rights are more important and need to be The GfG strategy directly impacts on acres of frack; we wouldn’t be able to object or have our The Convention is an important touchstone protected more than ever. land, lakes and rivers, SACs, ASSIs, protected voice heard on planning applications for power to which we can return to remind ourselves habitats, and communities of people who all live, stations, waste incinerators or coal mining; and we and those in power of our rights and the Naomi Luhde-Thompson is a Planner with work and breathe the air where these intensive wouldn’t be able to challenge unlawful activities responsibilities that exist so that we can shape a Friends of the Earth. factories operate. Yet no Strategic Environmental by companies, such as the Lough Neagh sand healthy environment for our communities. Assessment (SEA) was ever carried out. Failure to impose a thorough and robust SEA on a strategy that significantly impacts on our natural environment is more than just another symptom of systemic failure. It’s looking a lot like wilful for every citizen. Very quickly huge infrastructure negligence. projects that would normally take years in the planning were foisted upon a system ill-equipped Intensification of farming brings with it massive Digging up to deal with the environmental impacts of industrial units, increases in vehicle movements, such proposals. From the biggest road project noxious odours, tonnes of imported feed, the din ever, the Department of the Environment was of machinery, and risk of water pollution. We’re our precious places overwhelmed as disaster after disaster emerged. seeing proposals for some of the biggest units in the UK here. Let’s not forget that with every To make matters worse, Arlene Foster and Martin animal that’s grown there is waste, but there is Ten years ago, on a bright afternoon, I, along then, abuse of the planning system in Northern McGuinness were touring the globe selling nowhere for the waste to go. Northern Ireland with Niall Bakewell from Friends of the Earth, was Ireland was on a smaller scale compared to what Northern Ireland as a place where Government is in breach of ammonia emissions with 91% campaigning on the streets of Omagh for an would follow. Around the same time I had begun Ministers controlled environmental regulations. coming from agriculture. The vast majority of our independent Environmental Protection Agency campaigning against unauthorised quarrying in That particular honey pot was alluring to special places: our protected habitats; our Special (EPA). We believed an EPA was vital for the good West Tyrone and was finding out first hand why an Dalradian, an international mining company. Areas of Conservation; and our Special Protection governance of Northern Ireland, as well as the independent EPA was vital. They relocated to Co Tyrone with financial Areas have already exceeded critical loads for environment itself. Arlene Foster was Minister assistance from another arm of the Northern nitrogen deposition. for the Environment at that time. She deemed The St. Andrew’s Agreement of 2007 was Ireland Executive, Invest NI. Had an independent an independent EPA would be better kept “in- something no-one in Northern Ireland voted on. It Environmental Protection Agency been in place, The cherry on the top of the systemic failure cake house”, thus our efforts came to naught. Up until would, however, have far reaching consequences Dalradian’s plan to develop a 25 year mining is the Memorandum of Understanding produced camp in the heart of the Sperrins would have by the Northern Ireland Environment Agency been still born at birth. Had politicians not had and the Ulster Farmers’ Union. This agreement unfettered powers over Departments they were relaxes regulation for an already under regulated responsible for, something other than a monetary industry, by the regulator itself! It’s practically a value may have been placed on our most prized green light for poor environmental management places. on the ground because the penalties for low level polluting are insufficient to act as a deterrent. Looking back 10 years on what could have been, I despair at the actions of successive Northern Due to reckless incompetence, lack of Ireland Executives. The openness, transparency independence, poor scrutiny, political interference, and assurances to do the right thing by Northern wilful negligence, or blatant disregard for putting Ireland were never lived up to. Private deals at our precious environment first, we must stop all the highest levels of Government broke down. I new applications for intensive livestock production believe none of this would have come to pass had at once. an independent EPA been in place. Colette Stewart is the Campaign Co-ordinator Ciaran McClean is a veteran extractivism for Friends of the Earth Northern Ireland. campaigner and local activist. Photo courtesy of Declan Allison/Friends of the Earth of Declan Allison/Friends courtesy Photo The sorry tale of

Northern Ireland Mobuoy Road

NEWSLETTER On 30 November 2015 the then environmental harm, facilitated Issue 32 Summer 2018 Minister of the Environment, eco-crime on an unprecedented Mark H Durkan, launched a public scale, and has given rise to the real consultation on the important risk of infraction proceedings. managed in a planned, long-term issue of whether Northern Ireland fashion if they want to avoid should have an independent Yet, in failing to enforce adequately Extracting from land boom and bust. However, hardly Environmental Protection Agency. against the unauthorised sand a word is spoken about helping In the past, political resistance extraction from Lough Neagh SPA, and democracy the legitimate businesses that are from the Democratic Unionist it seems the then Minister, and undermined by the unlawfulness Party (DUP) had vetoed the now the Permanent Secretary of of others. externalisation of the EPA, instead the Department for Agriculture, relying on a poorly performing Environment, and Rural Affairs At a recent conference on Department of the Environment, (DAERA), was prepared to repeat extractive industries we learned thus ensuring the regulatory the mistakes of Mobuoy Road, that when mega extraction authority remained “politically with all the risks that come with projects come to a community the captured” under the control and intentional failure adequately first strategy is often not to start influence of the Minister. to perform a required duty or mining the land, but to mine out a obligation whilst in public office. community’s unity and resolve. The decision in March 2008 by the then DUP Environment With the environment Another pre-emptive strategy Minister, Arlene Foster, not to now subsumed into a new is also evident: to mine the create an independent watchdog governmental structure along very concept of environmental has proven catastrophic for with agriculture and rural affairs governance and the rule of law. Northern Ireland. Nowhere has in DAERA, it is becoming evident Extractive industries of the this been demonstrated more that agricultural interests will

Photo courtesy of Declan Allison/Friends of the Earth of Declan Allison/Friends courtesy Photo scale we are seeing are simply forcefully than the unprecedented eclipse those of the environment. incompatible with clever and environmental disaster at For example, the Memorandum Thirty years ago Lough Neagh a scheme that was meant to be effective regulation in a designated Mobuoy Road, Derry, where of Understanding with the Ulster and Lough Beg were designated rewarding good environmental nature reserve. It seems the recent estimates of the volume of Farmers’ Union is a de facto a Special Protection Area. practice yet subsidised, at Lough precautionary approach to waste dumped illegally adjacent licence to pollute. Recognised as a special place, it Neagh and elsewhere, unlawful protecting health and nature is to a protected European site, the needed strict protection, being activity without any consents or being sacrificed for the ecological River Faughan Special Area of Arlene Foster’s decision of March part of a European network of environmental assessments. carve-up of our very country itself. Conservation, is now in the region 2008 was premised on her prestige nature reserves. of 1.5 million tonnes. This is up stated belief that environmental Secondly, when the Lough was This sand mining story is certainly threefold from the initial official governance was too serious We should have celebrated this designated an Area of Mineral a tragedy for the health of Lough estimate of 516,000 tonnes of a matter to entrust to an international attention to help Constraint, with a presumption Neagh. We have never established illegal waste in February 2014 and independent EPA. Subsequent look after our drinking water, against extraction, nothing was an ecological baseline nor fully is expected to rise further. events have exposed the fallacy bird populations, and rare fish, done. Only legal action triggered understand the impacts of of this position as the inadequate all located in an ancient and a semblance of regulation, yet extraction of 1.5 million tonnes a It is widely accepted that regulatory structures that she mythological landscape. Instead it decades of missed opportunities year. It’s a tragedy, of and for, our inadequate planning enforcement put in place as the alternative was business as usual. have mounted up and cumulative biggest commons. against unauthorised sand to independent regulation have impacts went unassessed. extraction at the Mobuoy Road systemically failed. In those thirty years sand Lough Neagh is also about super dump, because of concerns extraction has intensified and I Some observers have reflected something that goes much deeper. over adverse, but never quantified Dean Blackwood is a planning have counted at least ten times on this non-feasance as a form of So deep that extractive industries, economic impacts, played a activist and River Faughan angler. when the regulatory authorities incompetence. Others describe probably the most environmentally pivotal role in leading to serious had a legal obligation to do it as a carefully choreographed damaging of all industries, may

something about the suction collusion by government with the be hollowing the very concept of Photo courtesy of Declan Allison/Friends of the Earth dredging of the bed of the Lough. I powerful extraction industry that our democracy which is meant will mention two. could signal gross malfeasance. to be founded on the rule of law. Either way, we do not live in a A modern day planetary parable The Department that was meant responsible state when it comes to about the politics of all take and to be protecting Lough Neagh protecting our special places. very little give. awarded sand dredging companies millions of pounds of tax relief Sand is finite and necessary. James Orr is the Director of under the failed Aggregates Levy The sand extractors themselves Friends of the Earth Credit Scheme. Like RHI, this was require the resource to be Northern Ireland.

aside by the bigger player at the House of Cards built table. An independent agency could have brought that card on wet foundations into play with more weight and conviction. The Environment What to do when a £160 swoop. All aces were in the hand of Agency’s concurrent five-year million development will have a one government department, the site fidelity study for important The A6 is a vital infrastructure through the High Court, Court of significant adverse impact on an Department for Infrastructure as Northern Ireland sites for swans project, connecting Northern Appeal and Supreme Court, the internationally important wetland policy maker, promoter, developer and geese would have been acted Ireland’s two major cities. The matter has now been raised with but it turns out the development and approver rolled into one. Are upon instead of languishing on routing of a 4km long section the European Commission. does not require planning there independent environmental a shelf. through a wetland unrivalled in its permission because the developer checks and balances in such a importance for the Irish population The wet foundations of this route played the ‘The Trunk Road’ situation? The timid voice of its At a time when Northern of Whooper Swan has been the should be cherished and not card. This is the case with the A6 poor departmental cousin, the Ireland’s governance is in limbo, subject of a legal challenge since fragmented and degraded. The Randalstown to Castledawson Northern Ireland Environment it might be of interest that it September 2016. last card may well be played at dualling scheme. Agency, pointing out wetland was a Direct Rule Minister who the table of the European Court of truths was ignored. announced the preferred route The case is giving the Habitats Justice. The developer produced a report for the A6 between Toome and Directive and its transposition describing the anticipated adverse The Northern Ireland Environment Castledawson, well before any into domestic law a public voice. It Doris Noe is a wetland bird impact on the wintering grounds Agency had a strong card to play, public inquiry or Habitats has been pursued through the UK specialist and has studied the of wild swans; at the same time namely the EU Habitats Directive. Directive compliant reports had courts by a litigant in person within Lough Neagh and Lough the developer also promoted and It was laid on the table at the right been prepared. the framework of the Aarhus Beg SPA. approved the scheme in one fell time of the process but brushed Convention. Having proceeded