‘Polluting’ slurry tank scheme claims rejected

A judge dismissed a challenge centred on claims that Stormont ministers and officials unlawfully failed to act on complaints about the level of testing for leaks in the storage facilities.

Paul Murphy contended that up to 5,000 new tank structures wrongly certified under the Farm Nutrient Management Scheme (FNMS) are causing harmful environmental damage, exposing the UK to a potential £800m fine from the EU.

But rejecting his legal action, Mr Justice Colton said: “He makes very serious and extreme allegations about extensive criminal conduct by civil servants, engineers and public representatives.

“He has simply failed to provide any evidence that this is so.”

Set up in 2005 by the then Department of Agriculture and Rural Development (DARD) to reduce water contamination, the FNMS provided grants of up to £51,000 for investment in slurry and manure tanks.

It was the largest capital grant scheme ever run by the department, paying out £121m to 4,000 farmers over the next five years.

In 2011 the Northern Ireland Audit Office published a report into how effectively it had been administered and made a series of recommendations.

Later that year a Public Accounts Committee report concluded that the scheme was poorly planned and provided poor value for money.

Neither of those reports identified the criticisms raised in 2020 by Mr Murphy, who issued proceedings as a self-litigant.

He sought to judicially review decisions taken by a range of current and former Stormont ministers, including Arlene Foster, Michelle O’Neill, Gordon Lyons and Michelle Gildernew.

The court heard his fundamental complaint involved an alleged failure by the department to ensure all tanks benefiting from a grant was specifically checked by an engineer for leakage.

He claimed there were issues around “fraudulent certification”, embezzlement and deliberate environmental pollution.

His challenge was not directed at the scheme itself, but to an alleged failure by the proposed respondents to deal with the matters he raised two years ago.

Ruling on the case, Mr Justice Colton said the approach taken by DARD in relation to the inspection of slurry tanks for leaks under the FNMS was arguably not in accordance with the appropriate regulations.

But he stressed that two public bodies have examined the administration of the scheme.

Finding nothing to back Mr Murphy’s claims about a possible £800m EU fine, the judge went on: “He alleges that there is deliberate and widespread leaking of deep pollutants into the environment in Northern Ireland.

“He has failed to provide any evidence of this whatsoever. Indeed, the evidence points to the contrary.”