Oireachtas Joint and Select Committees

Tuesday, 7 November 2023

Joint Oireachtas Committee on Climate Action

Citizens' Assembly Report on Biodiversity Loss: Discussion (Resumed)

Ms Mary Gurrie:

I will speak to prosecutions. Dr. Cotter covered the fact that the EPA is a regulatory authority over certain industries, including wastewater treatment plants. We have the power to take cases at District Court level. I do not have the exact number at hand because it varies, but it is between 15 and 20 cases per year. That would include industrial waste, maybe unlicensed facilities and some Uisce Éireann facilities, and is based on our enforcement policy.

Local authorities can also take prosecutions. I do not have the numbers to hand. The number of prosecutions is low in the numbers we have highlighted in the water area. Much of the time an issue can be addressed. You do not always have to go to court to get an issue resolved. If there is an ongoing issue, the aim is always to get it stopped and resolved. However, sanction needs to be in the mix too. Sanction for significant breaches of legislation is an important aspect in any enforcement regime. We apply that ourselves and we hope local authorities would. In our local authority performance reports, we have called out that follow through right up to all the enforcement tools, including prosecution, needs to be improved.