The Irish Natura and Hill Farmers’ Association (INHFA) has written to members of the European Commission to call for a pause to the implementation of the Nature Restoration Law (NRL) until there is legal certainty on its approval.
Earlier this month the law was adopted by EU environment ministers in the Council of the EU in controversial circumstances, which saw the minister from Austria vote in favour of the law contrary to her own country’s constitutional procedures.
That vote was the difference that allowed the law to meet the required qualified majority, and a spokesperson for the Austrian chancellor confirmed to Agriland that the country plans to submit a request to the European Court of Justice to annul Austria’s vote in favour of law, on the basis that the minister did not act in accordance with the government’s general view.
In a letter to the President of the European Commission President Ursula von der Leyen and Commissioner for Environment Virginijus Sinkevicius, the INHFA asked the commission to “hold the implementation of this law in abeyance until the courts have adjudicated on the lawfulness of the council vote conducted by the EU environment ministers”.
INHFA president Vincent Roddy told the commission that, at the council meeting, “it appears that the Austrian environment minister voted contrary to the instructions given by her chancellor, an action that facilitated the passing of the law by virtue of meeting the minimum threshold to deliver the qualified majority”.
Roddy added that the legal challenge by the Austrian government “has clear implications for the implementation of the NRL and, if successful, will clearly mean the law cannot be enacted”.
Separately, the INHFA has said that it has also written to Minister for State Malcolm Noonan, who would have responsibility for the implementation of the law in Ireland.
Roddy said that the association has asked Minister Noonan to hold off on the development of a nature restoration plan until clarity is provided around the legality of the council’s vote.
The INHFA president commented that “for laws to be effective they must apply to all people and institutions, and not just the little guy”.