Press release

Friends of the Earth forces Sammy Wilson to climb down over protection of ice-age site

27 November 2008

Friends of the Earth is claiming victory today as Environment Minister Sammy Wilson made a climb-down on the protection of an ice-age site in County Tyrone. In a letter to the Assembly Environment Committee, meeting this morning, the Minister revealed his intention to designate the 350 acre site at Lisnaragh near Donemana. Friends of the Earth was planning a legal challenge of Mr Wilson's earlier refusal to protect the site [1].

The site was declared an Area of Special Scientific Interest (ASSI) in late March, marking the beginning of a six month period during which landowners were consulted. But despite repeated assurances from his officials [2] and statutory advisors [3] that the science was robust and the consultation comprehensive, Mr Wilson refused to confirm the ASSI and instead rescinded it. This decision followed pressure from landowners and the Assembly Environment Committee. Today's announcement that he will re-declare the site comes in response to the prospect of judicial review by Friends of the Earth, as Lisa Fagan explained:

"We wrote to the Minister last Monday [4] setting out our view that his decision to rescind Lisnaragh ASSI was unlawful. We warned him that unless he re-designated the site, we would begin a legal challenge. We're delighted that he's seen sense and decided to comply with his statutory obligation to protect this important place."

The site, which is in Strabane council area, merits designation because it contains a 'moraine' created by glaciers as they made their retreat along the Burn Dennet valley at the end of the last ice age, between 13,000 and 17,000 years ago. The moraine is commercially as well as geologically valuable: the glaciers left sand and gravel deposits in their wake, prompting opposition from local landowners. But Friends of the Earth insists that the ASSI legislation does not allow the consideration of commercial factors:

"Either the site meets the geological criteria and must be designated, or it does not. The legislation is clear: ASSI designation is a matter of scientific judgement, not ministerial discretion."

Just yesterday, Friends of the Earth published the warning letter it sent to Mr Wilson last week in which they insist his refusal to designate the ASSI was unlawful. Their letter, dated 17 November, sets out six legal errors made by Mr Wilson in deciding to rescind the Lisnaragh site [5].

Ms Fagan continued:

"Minister Wilson has been riding roughshod over environmental legislation but with our threat of legal action, we have drawn a line in the glacial sand."

Mr Wilson's earlier refusal to protect the site was made just two weeks after publication of an interview he gave to the Belfast Telegraph [6] in which he said he would be 'cautious' about declaring ASSIs where commercial activity might be restricted by the declaration. Friends of the Earth contends that Mr Wilson's refusal to designate the site was biased:

"We planned to argue in court that Mr Wilson's Telegraph article shows he was biased against declaring ASSIs."

She concluded:

"Mr Wilson's interference in the scientific work of his Department undermines the many hardworking officials who are doing their best to give Northern Ireland's environment the protection it deserves. Sammy Wilson has unintentionally, but convincingly, made the case for an independent environmental protection agency, something he has vociferously opposed."

Notes

[1] Minister Wilson rescinded Lisnaragh Area of Special Scientific Interest on 30 October 2008.

[2] Mr Wilson's officials in the Northern Ireland Environment Agency.

[3] The Department's statutory advisors, the Council for Nature Conservation and the Countryside.

[4] The full letter is available to download.

[5] The six legal errors are, in summary:

Minister: Lisnaragh was not the best example of an ice-age moraine.
Friends of the Earth: the legislation does not require the site to represent the best example of a particular interest feature.

Minister: all of the consultation that was required had not been given.
Friends of the Earth: the Board of the Northern Ireland Environment Agency concluded that the consultation had been robust and comprehensive.

Minister: the rescission of the site allows a 'window of opportunity to look at the way forward'.
Friends of the Earth: the effect of rescission was to leave the site without any legal protection. If the Minister had wanted to create a window of opportunity, he should have confirmed the designation of the site, with the option to later modify or denotify the site: this would have protected the site during the deliberation period.

Minister: there was no time to discuss the concerns raised by the Assembly Environment Committee.
Friends of the Earth: the Environment Committee is not a statutory consultee under the legislation, therefore the Minister's inability to consult with them was not a material consideration. Not only did the Minister consider this factor, however, he treated it as paramount.

Irrationality: despite the repeated assurances of his officials in the Northern Ireland Environment Agency (NIEA) and his statutory advisors, the Council for Nature Conservation and the Countryside (CNCC), the Minister took what Friends of the Earth will argue in court was an irrational decision.

Bias: the Minister gave an interview to the Belfast Telegraph, published on 16 October, in which he said he would be 'cautious' about declaring ASSIs if the declaration might restrict commercial activity.

[6] Belfast Telegraph, 16 October 2008.

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Published by Friends of the Earth Trust