There will not be an immediate legal challenge taken forward by the NI agri-food industry against proposed changes to the Nutrients Action Programme (NAP), although it could still happen at a later date.

The process to initiate potential legal action started in June amid a strong backlash from farmers against proposed NAP changes and, in particular, a range of measures targeted at more intensive and productive farms.

However, at the start of July, Agriculture Minister Andrew Muir set out plans to establish a new group, which would consider responses to this first consultation as well as any other solutions.

New actions

The group, made up of representatives from farming, food, environment and government will come forward with new actions, which would then be subject to a second public consultation.

There will also be an economic impact assessment done.

Decisions

Once the process is complete, final decisions made by Minister Muir will go to the Stormont Executive for approval.

It is recognised by industry representatives that these are significant concessions and legal teams representing DAERA and agri-food have now agreed to hold off on a potential judicial review. If the industry wants to go ahead with the legal challenge it has until three months after final decisions are made to initiate the process.

Open letter

On Wednesday, over 65 signatories to an open letter sent to Minister Muir by the agri-food industry said they “cautiously welcome” the decision by the minister to further engage on NAP.

The letter confirms that the stakeholders are willing to participate in the new group, but that it must have clearly defined and agreed terms of reference and develop policies that are “genuinely workable at farm level”. It must not be constrained to simply refining existing consultation proposals.

The chair of the group should be independent and have “a strong understanding of agriculture and the rural economy” and be able to lead the group in developing “realistic and fair proposals” states the letter.

The signatories also want clarity from Minister Muir on how this independent person will be appointed and confirmation that all relevant industry organisations will be invited to participate.

Response

With the threat of legal action delayed for now, it means the first NAP consultation will run its course. Responses should be submitted by midnight on 24 July. It is important that as many farmers as possible make their views known.

Ends