The establishment of a separate section within the office of the Director of Public Prosecutions to deal with environmental offences would assist in bringing speedier prosecutions in the higher courts, a senior official in the Environmental Protection Agency has said.
The deputy director general of the EPA, Dr Padraic Larkin, told a public meeting in Cork that the agency can only bring prosecutions of its own initiative at District Court level but must send a file to the DPP and seek directions from him if it wants to prosecute in the Circuit Court.
"It's very slow using the DPP's office - obviously the DPP's office is very busy with cases such as murders and rapes, and the environment can be down the list, and often we have to make a judgment as to what is the best course of action to take," said Dr Larkin.
"Do we go with the DPP's office where it will take time and we risk being caught by the statute of limitations in the hope of securing a heavier penalty, or do we go for a quicker District Court prosecution and a smaller fine or penalty?"
Asked about the desirability of having a special section in the DPP's office to deal with environmental matters, Dr Larkin said such a move "would certainly help" but pointed out that it was a matter for the DPP and the legislators.
Under the Environmental Protection Agency Act, 1993, as amended by the Protection of the Environment Act, 2003, the maximum penalty at District Court level is €3,000 per charge or 12 months in prison or both.
But if the EPA sends a file to the DPP who approves a prosecution in the Circuit Court, the penalty under the same legislation rises to a maximum of €15 million or a maximum jail term of 10 years or both.
Dr Larkin reminded the 60 or so people who attended the public meeting organised by the Green Party that the EPA doesn't set the penalties or fines and can only operate under current legislation.
"We can only bring a prosecution on our own initiative in the District Courts and we don't set the fine - it's the judge who sets the fine so the penalty is out of our hands," said Dr Larkin, adding the EPA will seek to recover all costs including rehabilitation costs from the offender.
Minister for the Environment Dick Roche would welcome any initiatives to speed up the prosecution of those who break environmental law but it was a matter for the DPP to determine how he utilised his resources, said a spokesman for Mr Roche.
