Archived press release

Sammy Wilson faces legal challenge over ice-age site

26 November 2008

Friends of the Earth announced today that it intends to take legal action against Environment Minister Sammy Wilson following his decision to cancel the protection of an ice-age site in County Tyrone. The green pressure group has published a warning letter it sent to Mr Wilson last week [1] in which they insist his refusal to designate an Area of Special Scientific Interest (ASSI) was unlawful. The Minister cancelled the designation of a geological 'moraine' in the townland of Lisnaragh, near Donemana on 30 October in response to pressure from landowners and the Assembly Environment Committee.

John Woods, Northern Ireland Director of Friends of the Earth, explained that the Minister must re-designate the site if he is to avoid a court action:

"We wrote to the Minister last Monday, setting out our view that his decision to rescind Lisnaragh ASSI was unlawful. We warned him that unless he re-designated the Lisnaragh site, we would begin a legal challenge. Having received no response to our letter, we have no option but to commence judicial review proceedings against him."

Friends of the Earth's letter, dated 17 November, sets out six legal errors made by Mr Wilson in deciding to rescind the Lisnaragh site [1]. The Minister has neither offered any legal defence for his decision, nor assured Friends of the Earth that the site would be re-designated:

Mr Woods continued:

"This site is commercially valuable for the same reason that it's geologically valuable: the glaciers, when making their retreat along the Burn Dennet valley, created a moraine full of sand and gravel. The ASSI legislation does not allow economic factors to be taken into account: either the site meets the geological criteria for designation and must be designated, or it does not. ASSI designation is a matter of scientific judgement, not ministerial discretion.

"Minister Wilson has been riding roughshod over environmental legislation, and now is the time to draw a line in the sand. Either he grants this site the protection it deserves, or we will see him in court."

Mr Wilson's decision was made just two weeks after publication of an interview in the Belfast Telegraph [2] in which he says he will be 'cautious' about declaring ASSIs where commercial activity might be restricted by the declaration. John Woods asserted that Mr Wilson's decision had been biased and irrational:

"We will argue in court that Mr Wilson's Telegraph article shows he was biased against declaring ASSIs. And despite the repeated assurances of his statutory advisors and officials that the geological science was robust and the consultation process comprehensive, he left this site without any legal protection."

Mr Woods 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] Friends of the Earth's letter, dated 17 November, sets out six legal errors made by Minister Wilson in arriving at his decision to rescind the Lisnaragh site. They 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.

Read the full letter.

[2] Belfast Telegraph, 16 October 2008.

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Friends of the Earth Northern Ireland
7 Donegall Street Place
BELFAST
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Tel: 028 9023 3488
Fax: 028 9024 7556
Email: foe-ni@foe.co.uk.

Published by Friends of the Earth Trust