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The State has warned the High Court that quashing the Nitrates Action Plan could actually hit water quality in the short- to medium-term, as the good agricultural practices regulation would no longer be transposed into Irish law.
In Thursday’s High Court proceedings in the challenge brought against the Nitrates Action Plan by An Taisce, the State argued further that the plan’s approval and implementation has been done in accordance with EU law.
The State’s special counsel, Margaret Gray, claimed that throwing the plan out - as has been sought by An Taisce - could in fact amount to “putting the State out of tune” in complying with the Nitrates Directive.
Ms Gray stated that this would also lead to “lower level of protection against pollution caused by nitrates”, as a “legal vacuum” would spring open in the rules governing farm water quality rules.
An Taisce claims that the current Nitrates Action Plan does not comply with EU environmental directives and that the State failed to complete all environmental analysis when drafting and implementing the plan. The State disagrees with these assertions.
IFA notice party
The Irish Farmers’ Association (IFA) and named members of the association are amongst the notice parties to the proceedings.
IFA’s counsel Tom Flynn argued that An Taisce’s claim that the reason it took court proceedings was to prevent “severe environmental harm” to waterways is “one of the paradoxes” of the proceedings.
Quashing the Nitrates Action Plan would go against this stated objective of An Taisce in taking proceedings against the State, Mr Flynn said.
Mr Flynn added that the IFA and its members who are notice parties to the case agree with the objective of improving water quality and safeguarding against water pollution.
Derogation
An Taisce had argued in Tuesday’s proceedings and in its written submission to the court that there was no obligation on Ireland to apply for a derogation.
IFA agreed with this, but argued that the option to do so is an integral part of the Nitrates Directive, which Ireland is “perfectly entitled” to seek.
Mr Flynn stated that there is “significant conditionality” associated with being granted a derogation, including that the objective of the Nitrates Directive cannot be undermined by a derogation being approved.
The European Commission’s implementing decision “makes clear” that Ireland’s water quality data for 2016-2019 is “generally of good quality” and that the derogation granted at 250kg nitrogen/ha is “justified on the basis of objective criteria”, Mr Flynn contended.
Mr Flynn told the court that by applying for a nitrates derogation, a farmer takes upon themselves “onerous obligations” and that “you don’t get the derogation lightly”, as there are high standards that derogation farmers must adhere to and be inspected upon.
An affidavit of the IFA’s director of policy, Mr Tadgh Buckley, was highlighted to the court by Mr Flynn as showing a “very comprehensive analysis” of the implications of scrapping the derogation for the farmers availing of it, for the land market and for the wider agri-food sector.
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