Civil servants are in “disarray” over the extent of their powers in the absence of devolved ministers at Stormont, Northern Ireland’s High Court has been told.
Lawyers for a group opposed to a planned £240m waste incinerator in Co Antrim claimed officials have been inconsistent about their authority to take decisions on high-profile issues amid the continued political deadlock.
They contrasted approval for the facility at Hightown Quarry in Mallusk, just outside north Belfast, with victims of historical child abuse being told compensation will not be paid without ministerial approval.
Senior counsel said: “The Civil Service are themselves in disarray as to how far their powers extend.”
Campaigners are challenging Northern Ireland’s Department for Infrastructure for giving the go-ahead for the controversial incinerator project without a minister being in post. Judgment has been reserved in the attempt to have that decision judicially reviewed.
In 2015 the then Environment Minister Mark H Durkan turned down the scheme. But the consortium behind the project on behalf of local councils, Arc21, was given permission after the Planning Appeals Commission recommended approval.
In September last year the Department said it was in the public interest for the waste management system to be built, describing it as being of strategic importance for the region.
Up to 4,000 objection letters were lodged, with residents listing concerns about the visual impact, light and noise pollution and health implications. Judicial review proceedings were issued by Colin Buick, chairperson of community group NoArc21. His barrister argued that senior officials had no legal power to approve the incinerator.
The Department’s decision to grant planning permission lacked the direction and control of a minister required under legislation, it was contended.
Mrs Justice Keegan was told that alone was enough to “sound the death knell” for allowing the development.
Artist’s impression of the planned EfW facility
Ministers
“Government ministerial decisions in this jurisdiction cannot lawfully be taken in the absence of ministers,” counsel insisted. He also drew a parallel between his opponent’s case and that of Sir Humphrey Appleby, the fictitious private secretary from the television satirical sitcom Yes Minister.
It was claimed this would be like supplanting democratic control with a “hegemony of Sir Humphreys”.
During the hearing reference was made to the situation facing those molested in residential homes.
Despite compensation being recommended by the Historical Institutional Abuse (HIA) Inquiry chaired by Sir Anthony Hart, the head of Northern Ireland’s Civil Service was said to have written to victims in December explaining that ministerial approval is required for payments.
“There is a marked inconsistency between the HIA compensation issue and the approach taken in the decision in this application,” the barrister added.
Counsel for the Department described the case as being of constitutional importance. He disputed claims that decisions could not be taken without a minister being in post.
He also submitted that if no such determinations had been reached since the collapse of power-sharing it would have led to a shutdown of government.
Following closing arguments Mrs Justice Keegan pledged last week to deliver her verdict as soon as possible.
Becon Consortium
Planning approval for the project was granted last autumn and a spokesperson for the Becon Consortium developing the project welcomed this. At the time, the spokesperson said: “We note that the decision followed the clear advice from the Planning Appeals report which recognised the strategic need for the facility, its compliance with regional waste policy and the significant environmental benefits the project will deliver. The independent Planning Appeal’s process was the appropriate platform to consider the facts around this project and to address any concerns raised through the planning application process.
“The £240m waste infrastructure project is designed to manage Northern Ireland’s residual waste in a sustainable and economically advantageous way. Furthermore, it will contribute to Northern Ireland’s recycling levels and bring us into line with the rest of Europe, where such infrastructure has been operating successfully and safely for many years. It also represents a significant inward investment opportunity for Northern Ireland, bringing much needed jobs in both construction and operational phases, while making a significant contribution to the region’s own security of energy supply.”
The company behind the Becon Consortium is Indaver (NI) Ltd (previously known as EEW Energy from Waste UK Limited). During the latter part of 2015 and the early part of 2016, Indaver (NI) Ltd was acquired from EEW Energy from Waste GmBH by Indaver N.V.
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Source: letsrecycle.com Waste Managment
