The Irish Farmers’ Association (IFA) is still waiting to find out if it will be accepted as a notice party in a judicial review of the Nitrates Action Programme (NAP) taken by An Taisce.

However, it is understood that a decision on this is likely to be made in the coming week.

It emerged over the summer that environmental group An Taisce was seeking a judicial review of Ireland’s NAP through the High Court, sparking concern for the future of Ireland’s nitrates derogation.

An Taisce is the plaintiff in the case, with the Department of Housing, Local Government and Heritage (which administers the NAP), and the Irish state, named as defendants. The case was initiated on May 31.

At the time, sources indicated to Agriland that there is “concern in government circles” over the review, and what it might mean for the derogation.

The IFA has sought to be named as a notice party in the case. If successful, they would be entitled to be notified of proceedings and submit documentation in defence of the NAP.

As well as that, a number of named farmers (who are IFA members) are also seeking to be recognised as notice parties to the case. It is understood that the IFA has agreed to indemnify these farmers against their legal costs.

The case resumed in the High Court yesterday (Monday, November 7), where, it is understood, the IFA’s request was addressed.

At the end of yesterday’s proceedings, the case was further adjourned until later this month. However, a decision on the IFA’s participation may be made before that.

It is understood that legal representation for both An Taisce and the IFA will engage with each other this week. Sources indicate that, if both sides come to an agreement over the issue of responsibility for legal costs, it may clear the way for the IFA to join the case.

In any event, a decision on the IFA’s request to be involved in the case likely to be made before the case resumes later in the month.

While the nitrates derogation is granted by the European Commission and is technically out of reach of EU member states ‘ domestic courts, the NAP is an Irish government programme and thus can be challenged in the courts here.

However, the granting of a derogation to a member state by the commission is tied to that state having a functioning programme relating to nitrates.

Therefore, if the NAP is quashed or otherwise rendered invalid, the derogation is unlikely to continue without it.

At the time the case was taken, a spokesperson for An Taisce said: “Following an extended period of review, An Taisce…made an application to the High Court to seek a judicial review of the fifth Nitrates Action Programme.

“That application is rooted in the undisputed evidence of continuing deterioration of water quality in Ireland, where the indicators are negative and continuing in a downward direction,” the spokesperson added.