Legal challenge: Air quality campaigners hope new Minister will be a breath of fresh air.
The landmark #CleanAirNI legal challenge returns to court today (01 March 2024), as Northern Ireland’s latest Infrastructure Minister is settling into their new job.
Friends of the Earth Northern Ireland, represented by The Public Interest Litigation Support (PILS) Project, and supported by the NI Commissioner for Children and Young People (NICCY) are challenging the long-running failure of the Department for Infrastructure to carry out the legally required emissions test on diesel cars in Northern Ireland.
On 21 September 2023, Friends of the Earth NI’s legal team set out their arguments that not only has the Department breached its vehicle testing duties, but it is also failing to protect our public health, biodiversity and wildlife habitats.
In advance of the judicial review’s second – and final – day in court, the human rights organisations involved in the case have a joint message for Minister for Infrastructure John O’Dowd:
Our case gives you a clear roadmap of what needs to happen.
- Bring back testing.
- Eradicate the triple threat to public health, natural habitats and biodiversity.
- Allow us all to breathe clean air.
This challenge is making history as one of the first cases to rely on the Climate Change Act (Northern Ireland) 2022 in court.
PILS’ Director Maria McCloskey is instructed in the case, as Friends of the Earth’s solicitor: “17 years – and counting – is a long time to wait for the legally required checks to be carried out on Northern Ireland’s diesel cars. We return to court this morning and our demands remain unchanged. We hope that the new Minister will protect public health, biodiversity and air quality by reintroducing the test without further delay.”
Friends of the Earth Northern Ireland Director James Orr said: “We welcome a second day for this judicial review as it’s imperative to hear what the Department for Infrastructure has to say for itself having failed for over 17 years to protect air quality from car diesel fumes. This should be top priority in Minister O’Dowd’s in-tray. Human health and the health of our biodiversity and habitats must be protected.”
Northern Ireland Commissioner for Children and Young People, Chris Quinn, said: “I hope after today’s hearing we start to see some real progress on this issue given the restoration of the Executive and Minister O’Dowd now being in post. Environmental harm is a significant threat to children’s rights, urgent changes are needed across the board. In August last year, the UN Committee published General Comment 26, – informed by 16,000 children – in this they advised that States should immediately improve air quality, by reducing both outdoor and household air pollution, to prevent child mortality, especially among children under five years of age. It is long past time that this was addressed, and that action was taken to combat the problem. The Department of Infrastructure have not been carrying out their legal obligations for 17 years which is simply unacceptable. We want to hear what they have to say and the reasons behind why this issue has been neglected for so long.”
#CleanAirNI