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Low pollution conviction rate prompts review calls

A dead fish in the River Enler in Co Down where up to 300 brown and sea trout were recently killed
A dead fish in the River Enler in Co Down where up to 300 brown and sea trout were recently killed A dead fish in the River Enler in Co Down where up to 300 brown and sea trout were recently killed

THERE has been a call for a "complete overhaul" of the way environmental crime is tackled after it emerged that fewer than one in 30 pollution incidents results in a conviction.

Figures released by environment minister Mark H Durkan show that of more than 3,500 acts of pollution since 2012, the perpetrators have been successfully pursued through the courts on fewer than 100 occasions.

The data was revealed in response to an assembly question from Ulster Unionist MLA Ross Hussey.

The figures for last year show the conviction rate for pollution offences at less than two per cent.

Mr Durkan said that while there were 1,241 substantiated pollution incidents in 2014, only 21 resulted in a successful prosecution.

The Irish News reported previously how the SDLP minister blocked an Ulster Farmers Union proposal that would have seen his officials take a more lenient approach to low-level farm pollution.

Mr Durkan rejected the memorandum of understanding because he said it could have "bent the rules".

Two recent serious pollution incidents at the River Enler in Co Down and Ballymartin Water in Newtownabbey are unlikely to result in any court action due to difficulties in identifying the perpetrators.

The Irish News also recently revealed that the north's environment agency does not have any equipment that analyses dead fish.

Last night Mr Hussey told The Irish News he was "appalled" by the figures but not entirely surprised.

"The release of polluting materials into the air, land or waterways often causes major environmental damage," he said.

"Unfortunately Northern Ireland continues to witness almost routine fish kills and even in 2015 in some parts of the province the air quality is nowhere near what it should be."

The West Tyrone MLA said the Ulster Unionist Party had previously highlighted how dozens of highly-polluting illegal fuel plants were uncovered, yet only six people were convicted in relation to diesel laundering.

"It is clear to me than a complete overhaul of environmental crime and pollution is needed," he said.

"The best way to deter people and organisations from polluting the local environment, regardless of whether it is deliberate or not, is to ensure a tough legal system is in place that delivers robust sentences and penalties."

Belfast Green Party councillor Ross Brown said pollution incidents are increasing but the conviction rate is falling.

"Clearly the threat of prosecution is no deterrent to polluters and I would like to see more action taken to both prevent pollution in the first place and once a crime has been committed," he said.

"Environment crime affects us all, not least through taxpayers' money needed to clean up dumps and spills."