Project Page Views: [ 655 ]
Project Metadata Element | Details |
Project Title | Legal Issues Relating to the Admissibility in Evidence of Environmental Data Gathered by Means of Remote Sampling and Self-Monitoring Techniques the Case of Water Quality Sampling |
Research Area | Water |
Project Acronym | |
Principal Investigator or Lead Irish Partner | Owen McIntyre |
Lead Institution or Organisation | University College Cork (UCC) |
Lead Country | Ireland |
Latitude, Longitude (of Lead Institution) | 51.89348, -8.49206 |
Lead Funding Entity | Environmental Protection Agency |
Approximate Project Start Date | 01/11/2007 |
Approximate Project Finishing Date | 01/11/2010 |
Project Website (if any) | |
Links to other Web-based resources | |
Project Keywords | Water Quality Sampling; Legal issues; Environmental Data; Self-Monitoring Techniques |
Project Abstract | The requirements in relation to environmental sampling under European Community and Irish law are not overly prescriptive. Directive 79/869/EEC (as amended) sets some minimal, though excludable, requirements relating to reference methods and frequencies of sampling and analysis. Section 22(1) of the 1977 Local Government (Water Pollution) Act requires a local or sanitary authority to carry out such monitoring of waters or discharges of effluents as it considers necessary or as may be directed by the Minister, while section 28(1) confers broad powers to enter premises to carry out inspections or take samples. However, despite the lack of a formal statutory requirement to carry out 'split sampling', the Irish courts would appear to be moving towards introducing a requirement similar to the 'tripartite sampling requirement' previously contained under UK water legislation. The courts are taking this approach regardless of the problems that this might cause for effective enforcement of environmental law and despite the comprehensive repeal of this requirement under UK law. This approach raises a number of critical issues regarding the admissibility of evidence gathered using remote / automatic monitoring technology and of self-monitoring information provided pursuant to a condition in an environmental licence. These problems are further complicated by the possible application of traditional rules of evidence under Irish law, such as the 'rule against hearsay evidence', the 'privilege against self-incrimination', and the general judicial discretion to exclude evidence if its prejudicial effect outweighs its probative value. This research project would examine in detail the legal background to the use of remote sensing and self-monitoring techniques and to the admissibility of evidence so gathered in criminal and civil proceedings. It would also identify best practice in and provide guidance on the use of such techniques and make proposals for legislative reform in this area. |