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The Belfast High Court has allowed a second judicial review of a decision taken by the Department of Agriculture, Environement and Rural Affairs (DAERA) to impose intentional cross compliance penalties in an accidental water pollution incident.
The original case involves former UFU president, Ian Marshall, where an independent external appeal panel viewed an incident of pollution to be a negligent rather than an intentional breach of cross compliance rules.
We are prepared to spend whatever it takes to challenge this grossly unfair decision
DAERA and the Northern Ireland Environment Agency (NIEA) were instructed to review their decision but subsequently confirmed the original decision.
As a result a higher financial penalty was imposed, resulting in £50,000 of CAP payments to Mr Marshall being withheld.
UFU chief executive, Wesley Aston, said: “For the UFU, this case is a matter of principle. With the first judicial review we sought to establish guidelines. We believe we did this and are disappointed with the department’s response.”
It seems DAERA is happy to gamble again with public money
The next review will focus on whether DAERA and NIEA were right to ignore the panel’s decision.
“We are prepared to spend whatever it takes to challenge this grossly unfair decision. Despite comprehensively losing the first judicial review, and their decision making declared unlawful by a judge, it seems DAERA is happy to gamble again with public money,” said Mr Aston.
The judicial review is scheduled for 28 September in Belfast High Court.
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