RHI cuts challenge adjourned ahead of report’s release

A LEGAL challenge to huge cuts in Renewable Heat Incentive payments has been put back until a major inquiry publishes its report into the botched scheme.

Proceedings issued by poultry farmer Tom Forgrave were due to get under way at the High Court in Belfast yesterday.

But with the independent tribunal led by Sir Patrick Coghlin now expected to publish its findings sometime in November, a judge hearing the case agreed to a two-month adjournment.

Relisting the challenge for three days in December, Lord Justice McCloskey said: “The possibility that the inquiry report will contain material bearing on issues in this judicial review is a very obvious one.”

Mr Forgrave is challenging the decision to slash subsidies to those on the green energy initiative. Legislation introduced earlier this year meant annual payments could be cut from £13,000 to £2,000.

But boiler owners who signed up the RHI scheme claim it is a further unlawful step against operators given a 20-year guaranteed rate of return on their investments.

Mr Forgrave, a Ballymoney-based farmer, has described the tariff changes as “ruinous”.

Set up to encourage businesses and other non-domestic users to switch to wood pellet burning systems, the RHI initiative was plunged into controversy after the potential cost emerged.

Members of the Renewable Heat Association NI Ltd are also appealing a previous ruling that the Department of the Economy was legally entitled to impose an earlier cut on tariff rates.

In court yesterday Lord Justice McCloskey acknowledged both legal cases have advanced “in tandem” with the separate inquiry process.

He added: “The possibility of a point being reached where all three would merge has always been (a consideration) and is now closer in reality than it has been at any stage previously.”