An Taisce’s nitrates challenge not a Trojan horse, judge rules
An Taisce’s legal action over Ireland’s Nitrates Action Programme is not a veiled attempt to challenge the very existence of the Nitrates Derogation rather than specific inadequacies of the programme, Justice Richard Humphreys ruled in a procedural judgement on the case last week.
The issue was among a host of legal matters clarified in his judgement and which will be dealt with by the courts at a future date.
This specific issue centred on whether An Taisce’s proceedings were misconceived and that its real complaint centres around the State being able to avail of a derogation at all and whether or not the proceedings are a “Trojan horse” and a “collateral attack” on the decision to grant Ireland a derogation to farm above the 170kg limit of livestock manure per hectare.
An Taisce said its proceedings are not misconceived and said it has raised issues that are capable of being decided by law regarding the adequacy of the Nitrates programme’s appropriate assessment (AA).
However, the State submitted that An Taisce has failed to plead any challenge to the substantive validity of the Derogation.
Concern
Yet, it said, it is apparent from the pleadings, and was confirmed at the hearing, that An Taisce’s main concern is Ireland’s decision to apply for the Derogation and/or the Commission’s decision to grant the Derogation.
Justice Humphreys added that the allegation that An Taisce’s real complaint is the existence of the Derogation at all is the stuff of “forensic knockabout comment and swordsmanship”.
“It would be a more crushing complaint if the applicant (An Taisce) didn’t plead any other more plausibly justiciable (capable of being decided by the courts) issue, but that isn’t the case”
IFA President Francie Gorman highlighted that the judge also ruled that the Nitrates Action Programme and the Derogation will stand while these matters are being considered.
“This will be a huge relief for thousands of farm families up and down the country,” he said.
IFA and ICMSA are notice parties in the case and Gorman said he would be asking An Taisce to sit down with the IFA to have a rational discussion about these issues.
“An Taisce have the benefit of cost protection orders to take cases such as this to the courts, but farmers do not have any such protection. We have to put our own funds on the line to protect our livelihoods,” he said.