{"id":23534,"date":"2023-10-13T09:30:50","date_gmt":"2023-10-13T09:30:50","guid":{"rendered":"https:\/\/factcheckni.org\/?p=23534"},"modified":"2023-12-18T11:17:21","modified_gmt":"2023-12-18T11:17:21","slug":"is-northern-ireland-the-least-environmentally-protected-place-in-europe","status":"publish","type":"post","link":"https:\/\/factcheckni.org\/articles\/is-northern-ireland-the-least-environmentally-protected-place-in-europe\/","title":{"rendered":"Is Northern Ireland the least environmentally protected place in Europe?"},"content":{"rendered":"\n
In a post on social media on 12 September, campaign group Save Our Lagan claimed:<\/a><\/p>\n\n\n\n \u201cNI is the least protected environment in the Europe: Lough Neagh is dying. We have no ind EPA, no government. All the while, local councils are signing off on “huge fossil fuel projects that lock us into climate-burning fossil fuels for decades more”.\u201d<\/p>\n\n\n\n This contains several claims, some of which are statements of fact, and some which are opinions:<\/p>\n\n\n\n FactCheckNI searched for a definitive, standardised ranking of environmental protections but failed to find one. If any readers can point us in the right direction, please do.<\/p>\n\n\n\n The closest thing we found to something measurable was the Environmental Performance Index<\/a> (EPI) from Yale and Columbia universities. It made no mention of NI, only the UK (which was in 2nd place among all countries), while the creators of the EPI themselves not only acknowledged that their ranking model was not definitive, they created a tool to allow people to come up with their own rankings based on the available data.<\/p>\n\n\n\n Without a way of objectively making comparisons, this headline claim is unsubstantiated \u2013 or, simply, an opinion. <\/p>\n\n\n\n Lough Neagh is facing a significant crisis, including the blooming of toxic blue-green algae. To say that the lough \u201cis dying\u201d is to use emotive language. However, the body of water is currently <\/strong>toxic to animals and humans<\/strong><\/a> and its biodiversity is under threat.<\/strong><\/p>\n\n\n\n Northern Ireland has a dedicated Environment Agency, but it works entirely within the Department of Agriculture, Environment and Rural Affairs so is not independent.<\/p>\n\n\n\n NI also falls under the remit of the Office for Environmental Protection (OEP, which covers England as well) but, while the OEP is independent, it only has effective powers over public bodies (and some utilities firms, with regards to their legal commitments) and lacks enforcement over private businesses and citizens. Taken altogether, it is accurate to say that NI has no independent environmental protection agency.<\/strong><\/p>\n\n\n\n At least one local council \u2013 Mid and East Antrim Borough Council \u2013 has recently given the green light to a major fossil-fuel project<\/a>. Another big initiative is also on the cards in that council area<\/a>, but it was given the initial thumbs up before ultimate responsibility for planning was handed to councils. That\u2019s not quite the same as councils, plural, continually signing off on \u201chuge\u201d projects. Based on the evidence we saw, this claim is exaggerated, but not wholly inaccurate.<\/strong><\/p>\n\n\n\n Those are top lines from this fact check. If you want to dive into the detail about why all this is the case, read on. Now would be a good time to boil the kettle.<\/em><\/strong><\/p>\n\n\n\n Environment protection refers to maintenance and repair of the natural environment by individuals, organisations and governments.<\/p>\n\n\n\n The Environment Act 2021 was a UK-wide piece of legislation that sets various environmental targets and commits to certain measures<\/a> to improve the UK\u2019s natural environment. The Act defines environmental protection as:<\/a><\/p>\n\n\n\n The Act includes a few sections dedicated to NI. This includes commitments to make plans to improve the environment in NI, to enact those plans, and to gather and analyse adequate data to monitor the success of those plans.<\/a><\/p>\n\n\n\n At the time it was passed, Northern Ireland had no specific environmental\/climate change legislation of its own. This changed in early 2022.<\/p>\n\n\n\n Two competing pieces of legislation<\/a> had gone through several stages of progress in Stormont \u2013 a bill tabled by then leader of the Green Party, Clare Bailey<\/a>, with an aim of achieving Net Zero by 2045 and one brought by the then-Environment Minister Edwin Poots<\/a> that originally wanted to reduce local greenhouse emissions by 82% by 2050.<\/p>\n\n\n\n Ultimately, after some changes, the latter bill became law. When the Committee for Agriculture, Environment and and Rural Affairs assessed Mr Poots\u2019 bill<\/a> it noted that the draft legislation was \u201cperceived by some stakeholders to be a reasonable, sensible and evidence-based goal as it is based on the recommendation of the United Kingdom Committee on Climate Change as to what is feasible and deliverable for Northern Ireland\u201d while \u201c[many] other stakeholders consider that the target is unambitious and insufficient to deliver the changes required to reverse Climate Change.\u201d<\/p>\n\n\n\n When it became the Climate Change Act (Northern Ireland) 2022<\/a>, it included a target of net zero CO2 emissions by 2050.<\/p>\n\n\n\n The Act includes no mention of an independent environmental protection agency. It does mandate the Department of Agriculture, Environment and Rural Affairs to seek advice from the Climate Change Committee (CCC)<\/a> when it plans to make regulations under any provision of the Act. The CCC is an independent, UK-wide agency.<\/p>\n\n\n\n The Northern Ireland Environment Agency (NIEA) is a body that works within DAERA. Its \u201cprimary purpose is to protect and enhance Northern Ireland\u2019s environment\u201d.<\/a> However, it is not independent.<\/p>\n\n\n\n In fact, NI has no dedicated<\/em> independent environmental protection agency. But that\u2019s not the end of the story.<\/p>\n\n\n\n The UK\u2019s Environment Act 2021 established the Office for Environmental Protection (OEP). It is an independent, non-departmental body tasked with holding public bodies to account, and its remit covers England and Northern Ireland.<\/a> It is able to scrutinise environmental improvement plans and targets, environmental law, advise government on environmental law and enforce against failures to comply with environmental law. Organisations and individuals it can hold to account include:<\/p>\n\n\n\n However, it arguably lacks the sweeping powers a full independent environmental protection agency would have, because it lacks oversight of businesses and private citizens.<\/p>\n\n\n\n Northern Ireland Environment Link (NIEL), a forum for organisations interested in NI\u2019s natural and built environment<\/a>, criticised the 2021 Act for this reason, saying:<\/a><\/p>\n\n\n\n \u201c[The Act does not] establish an independent environmental protection agency to provide oversight of individuals and businesses.<\/p>\n\n\n\n \u201cWhilst there are a number of hugely welcomed provisions, ultimately the Act is a framework piece of legislation and so it must be supported by additional laws for protecting nature.\u201d<\/p>\n\n\n\n It is fair to say that NI has no independent environmental protection agency \u2013 and, given the ongoing collapse of the NI Assembly and Executive, that it has no government.<\/p>\n\n\n\n Westminster, and the Northern Ireland Office in particular, do have political oversight of NI but currently civil servants are in charge of Stormont departments.<\/a><\/p>\n\n\n\n One further question is whether the absence of an independent environmental protection is unusual? The answer, broadly, is yes. The EPA Network<\/a> is an informal group of such agencies across Europe, and 37 total countries are represented \u2013 including England (note that this is the Environment Agency, rather than the OEP), Scotland, Wales and Ireland, but not NI.<\/a> On the other hand, the degree to which these agencies are fully independent and the scope of their enforcement powers may vary. Previous research<\/a> (albeit dating from 2015) suggests that many of these agencies are quasi-independent, meaning they have ties to government departments and\/or rely on government for funding.<\/p>\n\n\n\n Lough Neagh is undergoing a significant environmental crisis, which includes a large bloom of toxic blue-green algae.<\/p>\n\n\n\n In August, DAERA and NIEA warned about the dangers posed by algal blooms and urged the public to \u201cbe blue-green algae aware\u201d and to report any sightings to officials.<\/a> Describing the dangers, the department said:<\/p>\n\n\n\n \u201cThe excessive toxins produced during a bloom can potentially be harmful to public health. Blue-green algae can harm people, producing rashes after skin contact and illnesses if swallowed, or can potentially kill wild animals, livestock and pets if ingested. Algal blooms also block sunlight from reaching other plants in the water, use up oxygen in the water at night and when decaying and hence can suffocate fish and other creatures.\u201d<\/p>\n\n\n\n Concerns about this have been raised by local political parties including the DUP<\/a>, Sinn Fein<\/a>, Alliance<\/a> and UUP<\/a>.<\/p>\n\n\n\n Indeed, the SDLP sought to recall the Assembly over this crisis at the same time as \u201cproposing the nomination of Ministers to urgently establish an independent Environmental Protection Agency\u201d.<\/a><\/p>\n\n\n\n In the absence of elected representatives, senior officials gave a media briefing on the scale of the crisis at the end of last month. The Belfast Telegraph reported that Pieter-Jan Sch\u00f6n, director of the Environment and Marine Sciences Division in the Agri-Food and Biosciences Institute (AFBI), said:<\/a><\/p>\n\n\n\n \u201cBasically all the main species in the lough are decreasing. In particular with pollan, there is a complete collapse of young fish.\u201d<\/p>\n\n\n\n The newspaper also reported that Mr Sch\u00f6n said: \u201cThis is a long-term problem which requires long-term solutions,\u201d and reaching safe levels \u201cwill require at least 20 years\u201d.<\/p>\n\n\n\n The original claim said that \u201cLough Neagh is dying\u201d and, given the scale of the crisis and its potential effects on biodiversity in the lough, this turn of phrase does not seem excessive.<\/p>\n\n\n\n In 2012, planning permission was awarded for several gas underground caverns in Islandmagee.<\/a> This is now under the auspices of Mid and East Antrim Borough Council, although that council was not created until 2014<\/a> and planning permission was not devolved from Stormont to local authorities until the following year.<\/a><\/p>\n\n\n\n In 2021, DAERA granted licence for the construction to proceed<\/a> \u2013 a decision that was subject to legal challenge from environmental groups who are worried the caverns will lead to a \u201cdead zone\u201d where no marine life could survive. This challenge failed in late August.<\/a><\/p>\n\n\n\n Last month, the same council gave planning permission for an oil terminal at Cloghan Point<\/a>, outside Whitehead.<\/p>\n\n\n\n Ongoing court cases could still impact these developments<\/a> but, regardless, it is fair to say that significant fossil-fuel project can be met with council approval and, indeed, this has happened in recent weeks.<\/p>\n\n\n\n However, it is perhaps an exaggeration to say that a plurality of councils are planning to lock NI in to fossil-fuel use for decades to come.<\/p>\n\n\n\n As well as its own Climate Change Act, Northern Ireland seemed to finalise an Environment Strategy<\/a> in March 2022. However, while this was announced by then-Minister Edwin Poots<\/a>, it never received Executive approval and the final strategy has yet to be published.<\/p>\n\n\n\n Two months earlier, the draft strategy was considered by the Environment Committee, which received commentary from officials on the strategy\u2019s aims including comparisons with other parts of the UK.<\/a> Minutes of evidence for this meeting were not published by the NI Assembly but the BBC reported that this official guidance said targets in the strategy were considerably less ambitious than equivalent targets in the rest of the UK and in Ireland<\/a> \u2013 including in areas like reforestation, care of peatlands, water quality and recycling.<\/p>\n\n\n\n Friends of the Earth says that NI has \u201cthe least protected environment in the UK and Ireland\u201d<\/a>, highlighting the lack of an independent environmental protection agency and a planning system that is light touch, environmentally speaking, as major problems.<\/p>\n\n\n\n The RSPB NI criticised DAERA<\/a> this summer after it failed to meet a binding obligation<\/a> to publish its Environmental Improvement Plan (EIP). This month, DAERA wrote a letter to the OEP saying it would be \u201cinappropriate\u201d to publish this plan, due to the Stormont collapse.<\/a><\/p>\n\n\n\n The question, then, is whether it is fair to say that \u201cNorthern Ireland has the least protected environment in Europe\u201d.<\/p>\n\n\n\n Is this a measurable, verifiable assertion \u2013 or is it just an opinion? That itself is a simple question with no clear-cut answer.<\/p>\n\n\n\n NI\u2019s environmental protections have been criticised in many quarters, including from government officials and leading green organisations.<\/p>\n\n\n\n Creating an overall ranking of places by levels of environmental protection do exist. But are they conclusive?<\/p>\n\n\n\n The RSPB\u2019s statement criticising DAERA also said that \u201cNorthern Ireland has been ranked the 12th worst out of 240 countries for biodiversity loss\u201d<\/strong>.<\/p>\n\n\n\n A variety of rankings exist for different aspects of environmental protection. The figure the RSPB is referring to comes from a 2020 report from the Natural History Museum, in conjunction with RSPB, looking exclusively at biodiversity loss.<\/a><\/p>\n\n\n\n Out of the 240 countries examined, the UK was 12th worst overall. When divided up into constituent nations, Northern Ireland itself was ranked 12th worst overall, below both Scotland (28th from bottom) and Wales (16th) but above England (7th worst). Ireland was one spot above NI, in 13th.<\/a><\/p>\n\n\n\n In September, the RSPB published State of Nature 2023<\/em><\/a>, which looks at UK biodiversity and has an offshoot paper dedicated to NI<\/a> which says that \u201cNorthern Ireland is now one of the most nature-depleted countries on Earth.\u201d<\/p>\n\n\n\n The problem here is that \u201cenvironmental protection\u201d itself involves a bunch of different, interconnected things such as biodiversity, tree coverage, water quality, recycling efficacy, emissions levels, the direction of travel for emissions, effectiveness of disposal of animal waste<\/a>, and on and on.<\/p>\n\n\n\n Tying all these things together so that different countries can be compared to one another is tricky.<\/p>\n\n\n\n One measure which tries to do something like<\/em> this is the Environmental Performance Index (EPI)<\/a>, put together by Yale and Columbia universities in the USA, which \u201cranks 180 countries on climate change performance, environmental health, and ecosystem vitality.\u201d<\/p>\n\n\n\n This does not include a ranking for Northern Ireland but does for the UK and, according to the most recent league table (2022), the UK is the second best performer out of the 180 countries assessed.<\/p>\n\n\n\n\n
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