The incident occurred during pipe laying in Cookstown's Upper Ballinderry River, a protected site of European and national importance. It is one of only three rivers in Northern Ireland known to have pearl mussel populations. The disturbance caused during this work by Water Service had a severe impact on some of the youngest, naturally occurring freshwater pearl mussels causing hundreds to die and a further 60 (approximately 5 per cent of the population) to be left in a very sick condition.

The situation was brought to the attention of EHS, government's environment police, who monitored it but the only remedial action open to them was to allow the concerned local Ballinderry Fish Hatchery to remove the dying mussels from the river in an attempt to save them.

"It is particularly concerning that this incident happened in a river which EHS itself designated for special protection. It appears that this is just another example to add to the pile of poor environmental governance in Northern Ireland. Again and again we see government so tied up in its own regulatory knots that it's incapable of doing its job of protecting the environment," said Alex McGarel, Freshwater Policy Officer, WWF Northern Ireland.

Over the past two weeks, WWF Northern Ireland has been liaising with EHS in order to ensure that this situation was adequately dealt with and that this type of incident would not happen again. So far, it would seem that EHS has only 'written to Water Service to remind them of their statutory responsibilities'.

"It's worth bearing in mind that a farmer caught in a similar situation would not only face the possibility of legal action but also the certain loss of future subsidies. Double standards in terms of environmental liability have prevailed for too long. We need a strong policing service capable of protecting our natural assets and government departments who will be held to account for their actions. This is a classic example of why we need an effective, independent Environmental Protection Agency in Northern Ireland," continued Alex McGarel.

WWF Northern Ireland will continue to seek a satisfactory resolution to this matter. It has informed the Council for Nature Conservation & the Countryside (CNCC) and requested full and detailed information of all correspondence relating to this issue, under freedom of information, and will decide if the European Commission should be informed of the severe damage caused to this site. It has also advised the panel reviewing environmental governance in Northern Ireland of the serious malpractice of Water Service and the poor management of the situation on the Ballinderery River by EHS.