Justice for Lough Neagh: The First Hearing
Written by Christian Fuller, River Action’s Legal Coordinator
This week, River Action took part in the first hearing of a legal case which, for the first time, asks the court to decide whether the Northern Ireland government is doing enough to tackle the water pollution crisis in Lough Neagh.
Outside of the Royal Court of Justice in Belfast, clean water campaigners and members of the fishing community gathered to make their point plainly: the Lough is being destroyed by algae. Draped in green and holding placards reading ‘Justice for Lough Neagh’, the peaceful demonstration captured the now-familiar sight of blue-green algal blooms spreading across the water in recent summers.
Inside, representatives for the applicant, the Department of Agriculture, Environment and Rural Affairs (DAERA), Ulster Farmers’ Union, River Action and Friends of the Earth NI were present, with a packed courtroom due to public interest and concern.
The case is being brought by eel fisherman Declan Conlon, whose family has fished Lough Neagh for generations. He is challenging the failure of DAERA to comply with its obligations to safeguard and protect Lough Neagh from agricultural and wastewater pollution on eight legal grounds. The claim challenges the lawfulness of DAERA’s response, including its failure to adopt an adequate or lawful River Basin Management Plan.
River Action has applied to intervene in Mr Conlon’s case to help the court assess whether DAERA is complying with its legal duties by raising important legal and practical matters. Our focus is on what the law requires and particularly the need for a lawful River Basin Management Plan to include clear actions and measures capable of restoring water quality, following the landmark case of Pickering. Drawing on major legal precedents on agricultural waste and nutrient pollution in which River Action has been involved in England, we hope to establish that DAEERA should put in place stronger measures as part of a lawful plan, including the proper enforcement of regulation to control the spreading of manure and sewage sludge, the implications of the classification of manure as waste following National Farmers’ Union v Herefordshire Council, and the need for planning and permitting to take account of cumulative pollution impacts. We will also seek to provide evidence to help the court understand the scale of the problem and what measures and practices could lead to the necessary reduction in pollution.
At the hearing, the judge recognised the importance of this case. There were, he observed, no obvious “knockout blows” against the applicant. On the contrary, the judge said that this is “an important matter which will require a considerable amount of time to be devoted to it” and referenced “a significant element of public concern” in the situation with Lough Neagh.
The judge repeatedly signalled there were a large number of issues and that detailed evidence would be required to “get to the bottom” of what is happening in the Lough. The judge emphasised that it was “important to leave no stone unturned” and that meant ensuring all “relevant players” were before the court.
The case will return to court on 1 May for a further review hearing, where the legal issues will be refined and the roles of additional parties considered. A permission decision will follow (to decide whether the claim is arguable and can proceed), with a substantive hearing anticipated later this year.
This is the first real opportunity for the court to consider the Government’s response to the severe pollution of Lough Neagh and the applicable legal framework, with the potential to become the most significant water quality case in Northern Ireland for a generation.
It is a critical opportunity to clarify what the law requires and to ensure that meaningful, urgent action is taken to restore Lough Neagh.
