IFA president Francie Gorman said the referral by the High Court of certain questions to the European Court of Justice (ECJ) as part of the judicial review of the Nitrates Action Programme creates yet more uncertainty for farmers.

IFA is a notice party to this judicial review since the case started and we 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,” he said.

“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, the fifth Nitrates Action Programme 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.