To ask the Minister of Agriculture, Environment and Rural Affairs what considerations he has given to tougher penalties for repeat offenders under the Water (Northern Ireland) Order 1999.

Under the terms of the Water (Northern Ireland) Order 1999, it is an offence to cause pollution of a waterway. Where the source of pollution can be traced, it is the policy of the Northern Ireland Environment Agency to take enforcement action against the offender(s). Article 7 of the Water Order provides the Department with the powers to prosecute offenders and Article 8 gives the Department powers to prohibit or place conditions on any activity which has caused the pollution event or which could cause a reoccurrence. This can be applied to both new and repeat offenders.

The Water (NI) Order 1999 enables the courts to impose a fine of up to £20,000, or a custodial sentence or both on those found guilty of water pollution. The actual sentence applied in individual cases is, of course, a matter for the courts, taking account of the relevant sentencing guidelines.

There are no plans to amend the legislation.