The referral of a legal challenge to Ireland’s Nitrates Action Programme (NAP) to the European Court of Justice (ECJ) will create “yet more uncertainty for farmers”, the Irish Farmers’ Association president, Francie Gorman, said.
An Taisce launched legal proceedings in the High Court to judicially review the government’s NAP because it claims that “measures taken under successive NAPs have failed in their objective” which is to “prevent pollution of surface waters and ground water from agricultural sources”.
In the latest judgement issued this week in the case, Justice Richard Humphreys outlined that An Taisce’s legal action “is a challenge to the validity of domestic and European measures relating to the derogation for the use of nitrates above and beyond standard levels”.
As a result the judge now intends to refer nine key questions raised during the legal challenge to the ECJ.
The case has been taken against the Minister for Housing, Local Government and Heritage and the Attorney General.
While the Minister for Agriculture, Food and the Marine, the IFA and the Irish Creamery Milk Suppliers Association (ICMSA) are also listed as notice parties.
Nitrates case
IFA president Francie Gorman said that the farm organisation has been a notice party since the proceedings began and will continue to participate until the case is concluded.
“The reality is that the referral to the ECJ adds further uncertainty for farmers, particularly those in derogation. IFA will be engaging further with our legal team on what is a very complex case.
“As a notice party, we are conscious that this case is still before the courts. We have to respect the jurisdiction of the court and be conscious of what we say about the case in the public domain,” he said.
Separately, Gorman noted that fifth NAP and associated derogation is due to expire at the end of 2025, with the process to apply for a renewal due to begin shortly.
“Securing a renewal to the derogation is vital for the future of the entire agriculture sector. The government must continue to pursue this while allowing the Judicial Review to take its course,” he said.