Activists refused leave to challenge GM trials

Environmentalists have been refused a High Court order allowing them the means to legally challenge Teagasc’s planned genetically-modified potato trials.

The group, made up of Green Party councillors and the umbrella group GM Free amongst others, had made the application using the Aarhus Convention, which gives the public the right to environmental information and which was ratified in this country two months ago.

If the application had been successful, the group could have avoided the possibility of having to pay “prohibitively expensive” costs in the event it lost its judicial action against the decision.

Mr Justice Gerard Hogan said he had no jurisdiction to make such an order but allowed the group leave to give short service to the Environmental Protection Agency or Teagasc of their intention to challenge the costs issue.

Percy Podger, a farmer from Co Kildare who made the application on behalf of the group, claimed that under Article 9 of the Aarhus Convention, people have the ability to challenge critical environmental decisions without facing the threat of large legal costs.

The group sought a “non-prohibitively expensive order” from the court. The court was told that this would, in advance of any challenge, protect the applicants from losing their homes or assets in the event of not succeeding in their challenge.

The legal challenge was launched yesterday against a decision of the EPA to allow trials on a genetic-ally-modified potato. In July, the EPA gave Teagasc the go-ahead to carry out trials which are designed to fight potato blight.

The consent was subject to eight conditions, including management of the trials and reporting requirements. Teagasc said at the time that the field study would be isolated from the ongoing conve-ntional potato-breeding programme. It said the project had no links to the biotechnology industry.

Judge Hogan said it was a matter for the applicants who appeared in court yesterday to decide if and who they wished to put on notice of their intentions.

Mr Podger told the court that by putting third parties on notice the applicants were assuming a risk of costs.

Cllr Malcolm Noonan, Green Party environment spokesman, said: “This application came from our desire to keep Ireland GMO-free but it is also a test case for the recently ratified Aarhus Convention. We wanted to ensure there is a mechanism where members of the public can challenge critical decisions which threaten their local environment without facing massive legal bills. Such a mechanism should be a basic entitlement in a modern state and Ireland will be a far better place when we get such rights in place.”

Cllr Danny Forde, of Wexford Borough Council said the group will consider going to the European Court of Justice to ensure a fair system is put in place.