The High Court has approved an order joining the Irish Farmers' Association (IFA), and four of its members, as notice parties to the judicial review of the fifth Nitrates Action Programme (NAP) on foot of a challenge by An Taisce.

The IFA stated that it has been engaging with the courts since September and has now been formally included as a notice party.

IFA president Tim Cullinan said:

As a notice party, the IFA will have the opportunity to participate fully in the case, which is being defended by the Department of Housing, Local Government and Heritage.

It also gives the IFA the right to appeal the outcome of the judicial review should they choose to do so.

While the nitrates derogation is granted by the European Commission and is technically out of reach of EU member states ‘ domestic courts, the NAP is an Irish government programme and thus can be challenged in the courts here.

However, the granting of a derogation to a member state by the commission is tied to that state having a functioning programme relating to nitrates.

Therefore, if the NAP is quashed or otherwise rendered invalid, the derogation is unlikely to continue without it.

It emerged over the summer that environmental group An Taisce was seeking a judicial review of Ireland’s NAP through the High Court.

An Taisce is the plaintiff in the case, with the Department of Housing, Local Government and Heritage (which administers the NAP), and the Irish state, named as defendants. The case was initiated on May 31.