A three-person independent panel appointed by Agriculture Minister Andrew Muir has concluded that a new regulator should be established to enforce rules relating to the environment in NI.

In their final report published on Tuesday, the panel, led by Dr Viviane Gravey from Queen’s along with former National Trust manager, Diane Ruddock and Co Down farmer and former politician, John McCallister, recommend an overhaul of the NI Environment Agency (NIEA).

In simple terms they suggest the new body should take on all of the enforcement work currently done by NIEA, leaving the development of policies impacting the environment within DAERA.

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Currently the NIEA sits as an executive agency in DAERA, so all its powers are carried by the department.

The independent panel believes the new regulator should be set up as a non-departmental public body (NDPB), giving it the same status as the Agri-Food and Biosciences Institute (AFBI) and the Livestock and Meat Commission (LMC).

“We believe a NDPB, sponsored by DAERA, provides the most appropriate balance between too much and too little independence. It affords a greater degree of political neutrality and allows more operational flexibility and better long-term planning,” states the review report.

As an NDPB, it will be served by a new board, with the panel also recommending that an advisory committee is established, to include representatives from farm organisations.

Rationale

The final report by the panel runs to 100 pages and sets out some of the rationale why a new regulator is necessary.

During evidence gathering, the panel point out they were repeatedly told it is now time for “meaningful change”, with the current arrangements not working for anyone. For example, some respondents believed NIEA were too lenient around farm pollution, while on the other side, some farmers saw NIEA as being heavy-handed.

Either way, the review panel argue that NIEA, which has around 600 permanent staff, has been under-resourced, with 200 vacant posts at the end of 2024.

In addition, there is a need to address the low-level of fines and penalties handed out to polluters. “In many cases environmental crime still pays,” notes the report.

However, there is also recognition that the changes would be “highly disruptive” for NIEA staff and they will bring new costs, to include setting up structures such as a board and also a communications team separate from DAERA.

Welcome

Acknowledging receipt of the report, DAERA Minister Andrew Muir said he was fully committed to “better and stronger environmental governance” and would accept the recommendation that the new regulator be a NDPB.

“I intend to take a paper to the Executive and to address the Assembly on the next steps in the short time ahead,” he said.