Irish High Court involves European judiciary in An Taisce case against nitrates plan
As Taisce is taking a judicial review of the State's latest plan to reduce agricultural pollution and protect waterways
Questions about Ireland's fifth plan to tackle nitrate pollution will be referred to the European Court of Justice. The High Court decision follows An Taisce's case against the Government's Nitrates Action Programme.
It allows Irish farmers to have higher levels of organic nitrates on their land with the NGO arguing the NAP does not protect waterways as well as it should.
NAPs, as they are known, were first introduced in 1991 and are designed to protect water quality from agricultural pollution and promote good farming practices. All EU Member States are required to produce a NAP every four years. Ireland's fifth plan covers the period from 2022-2025.
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Mr Justice Humphreys decided on Wednesday he will be referring questions on the detail of the case to the EUCJ involving "complex and important issues of EU law". We understand the questions will be published in a later judgement.
CEO of An Taisce, Gary Freemantle, said following the move: "Our clean water resources are vital for all life and must be protected. This judgement is a step towards ensuring that Ireland has the strongest possible legal framework to safeguard our waterways. This is directly connected to the An Taisce mission of protecting and celebrating Ireland’s natural and built environment for present and future generations."
Dr Elaine McGoff, Head of Advocacy with An Taisce, added: "We appreciate the time and attention being given by all parties to these proceedings. The importance and value of clean water cannot be overstated or taken for granted. All life depends on it and we cannot leave any stone unturned to protect and maintain its quality."
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