River pollution and fish kill cases fail over internal conflicts at Irish fisheries body

The majority of these cases are understood to involve fish kills. 

Most of these cases have already been dropped in courts around the State, but until now, there was no indication that the failure to prosecute was attributable to a systemic problem within Inland Fisheries Ireland. 

The failure to prosecute polluters is the latest controversy to occur in the organisation, which has been beset by numerous management and control issues in recent years that at one stage led to the standing down of the body’s entire board.

The problem over prosecutions came to light last week in Skibbereen District Court, when a representative of Inland Fisheries Ireland told Judge James McNulty that it was withdrawing a case against a whiskey maker over a major fish kill on the Ilen river in the town. 

The court was told the case against West Cork Distillers was not going ahead because of “difficulties within Inland Fisheries Ireland”. 

The fish kill had occurred in July 2021, and in 2022 the company had pleaded guilty to three offences relating to the discharge of liquids into the river. 

However, it denied that the discharge was responsible for the deaths of around 2,000 fish.

At the time, Judge McNulty ordered the company to “make amends” by donating to local volunteer-led groups. 

He ordered a conditional discharge for two years. 

Last week, he was told that €26,000 had been donated to Tidy Towns groups in the West Cork area. 

A spokesperson for Inland Fisheries Ireland would not provide specific details as to why the cases could not proceed.

“The [internal] issue was resolved in June 2023 having initially emerged in March 2023,” the spokesperson said.

“A total of 55 cases nationwide have been impacted and a small number of cases remain to come before the courts and are scheduled for finalisation soon.” 

He added that an assessment of the cost of bringing these cases will not be made until all the cases have all concluded.

Bernie Connolly of the Cork Environmental Forum, said the problems at Inland Fisheries Ireland mean that polluters can act with impunity.

“In the Skibbereen case, the company being prosecuted admitted the discharge into the river although it denied responsibility for the fish kill," Ms Connolly said.

"It’s very disappointing that a case like that where liability is admitted can’t go ahead. 

"What has now emerged from Inland Fisheries Ireland means that polluters can act with impunity in harming our environment and rivers."

The most recent figures for fish kills from Inland Fisheries Ireland show that there were 25 reported incidents in 2022, accounting for around 10,300 fish.

The latest annual report, which was published last week — over a year late — makes reference to issues over prosecutions.

It notes that, in October 2023, “having regard to legal advice obtained in relation to a technical issue relating to authorisations to prosecute, a number of prosecution cases initiated by Inland Fisheries Ireland were withdrawn”.