Pre-action legal proceedings over contentious bonfire

Pre-action legal proceedings have begun over a contentious bonfire in south Belfast, it is understood.

The action could be taken on the grounds of environmental legislation and human rights law.

There are concerns the power supply has been put at risk at Belfast City Hospital and the Royal Victoria hospital because of the Eleventh night bonfire.

The bonfire has been built near a major electricity substation between the Donegall Road and the Westlink.

Correspondence has been exchanged between a legal firm and the Police Service of Northern Ireland (PSNI), Northern Ireland Environment Agency (NIEA) Belfast City Council, the Department for Infrastructure and the Department for Communities

In a statement to BBC News NI, the PSNI said it continued "to work with our partner agencies, community representatives and landowners to address community safety issues relating to bonfires".

"As there is the potential that judicial proceedings may be initiated, it would be inappropriate to comment any further," a spokesperson added.

Belfast Health Trust said the substation near the bonfire supplied both hospitals.

Northern Ireland Electricity (NIE) said it had expressed concerns over the bonfire's "proximity to the substation causing potential risk to critical infrastructure and power outages".

The trust said it had contingency measures including back-up generators and it was confident there was no need to cancel any planned treatments or procedures.

There have been separate concerns about asbestos at the bonfire site.

Authorities said they were unable to remove the asbestos.

Bonfires are lit annually in some unionist areas across Northern Ireland to usher in the Twelfth of July, the main date in the parading season.

In a statement to The Nolan Show, NIE said it had put mitigations in place, including turning off the transformers adjacent to the bonfire, building scaffolding with metal sheeting around the transformers and placing steel plates on open cable ducts to reduce the risk of fire and damage.

However it warned there would be "a reduction in security of supply" for the area.

"We would remind the public that flames near to power lines and electricity substations pose serious risk to everyone's safety and wellbeing," NIE added.

Health Minister Mike Nesbitt visited the bonfire site on Tuesday.

Matthew O'Toole of the Social Democratic and Labour Party (SDLP) said an issue with the electricity supply was "deeply concerning".

Speaking to BBC News NI, he said the SDLP's preference would be "that the bonfire went ahead in a safe context" but he did not believe that was possible.

"I don't think it is appropriate for a bonfire to be happening on that site in a few nights' time," he said.

"But if it is able to be made secure and to happen in a way that is safe, we want people to be able to enjoy the Eleventh night safely.

"This isn't about getting at anyone's culture or undermining a good time… this is a basic issue of public safety."

Former senior police officer Jon Burrows told the Nolan Show there was a need for this in a "clear multi-agency approach... someone chairing a meeting with all the relevant people, fire service, landowners, the council and the environment agency" to address public safety concerns.

"People have a right to have cultural traditions and they should be respected and protected but bonfires should be safe, should be lawful," he added.

The Department of Agriculture, Environment and Rural Affairs said in a statement it had put in place mitigations "over the past week including the further covering of the asbestos containing material, the use of fire-retardant material and the erection of additional fencing".

It added the department was in ongoing contact with Belfast City Council.

The Police Service of Northern Ireland said it was working with "partner agencies, community representatives and landowners to address community safety issues relating to bonfires".

It said due to the "potential that judicial proceedings may be initiated" it would not comment on specific bonfires.

The landowners, Boron Developments, bought the site in the summer of 2017 and were made aware of asbestos at that time.

Boron Developments told the BBC's Talkback programme it had engaged with a waste management company to remove the asbestos but the company needed "no personnel" on the site in order to complete the removal of asbestos.

Due to people "bringing in materials and building the bonfire" the company told the landowners it could not complete its work.

Belfast City Council said while the lands at the site remained "the responsibility of the landowner" the council and the Northern Ireland Environment Agency (NIEA) were "working together in relation to this site".

The council said after the landowner appointed a contractor that carried out work to "contain and secure the asbestos" the NIEA assessed the site and had "recommended that further mitigating measures should be put in place".

The council added that the council and NIEA had agreed those measures and the NIEA investigation continues.

Members of the council's Strategic Policy and Resources Committee met on Thursday to discuss the site.

"Following discussion, elected members agreed to accept the extra mitigations proposed by NIEA, together with the additional precautionary measures outlined," the council said.

The committee also considered a proposal from the SDLP to employ licensed contractors to remove the asbestos.

The council heard that would cost a six-figure sum and the motion was voted down.

Traditional Unionist Voice spokesman Sammy Morrison told Talkback the asbestos should have been cleared sooner as it had "been known about for such a long time".

He said there were questions for NIEA and for the council.

Mr Morrison said the area was known for having a bonfire and he felt issues had been brought to light at "the eleventh hour" which would make it "difficult to persuade those to get rid of the bonfire" and not light it.

He said it was down to Environment Minister Andrew Muir to make a decision.

In June, Democratic Unionist Party councillor Tracy Kelly expressed concern but warned against "scaremongering".

"It's a very, very big bonfire site and the bonfire is not where this asbestos is. It's on another part of the site," she said.

The BBC has approached the Department for Infrastructure and the Department for Communities for comment.