The High Court has agreed Northern Ireland children and young people have the right to be heard in a landmark air quality case.
Friends of the Earth NI is bringing a judicial review against the Department for Infrastructure over its 17-year long failure to identify dangerous emissions levels during MOT testing.
The action is backed by The PILS Project and in May, the Northern Ireland Commissioner for Children and Young People requested permission from the court to share their expertise.
Read more: Stormont dept facing High Court action over MOT tests on diesel cars
On Monday, the court confirmed NICCY can intervene in the ongoing Clean Air NI challenge.
Its chief executive, Mairead McCafferty, said: “Our focus is on our children and young people and the potentially irreversible damage being caused to their developing lungs and respiratory systems because of the level of toxic emissions pumping out from vehicles’ engines.
“It is of paramount importance that more comprehensive and urgent action be taken to protect our children and young people - faced not only with this environmental pollutant source but also with the existential threat posed by climate change overall.
“Article 24 of the UNCRC affords all children the right to live in a safe and healthy environment, which must be upheld.
“Our children should not have to pay the price for environmental degradation but rather be able to breathe the clean air they deserve.”
The statutory body, set up to protect the rights of young people, is concerned about the harmful effects of air pollution on children’s health.
At a court review, less than a week after Clean Air Day 2023, Mr Justice Adrian Colton confirmed NICCY’s request has been approved.
The case was scheduled to begin on Monday, June 19, but DfI requested more time to examine NICCY’s submissions.
As a result the full hearing has been delayed until September 21, 2023.
Laura Neal, lawyer at Friends of the Earth NI, said: “It is hugely significant that NICCY have been granted permission to intervene in this case.
“Globally, the voices and views of children and young people have been crucial in the fight for a healthier planet and NICCY’s intervention will ensure that they are rightly heard in this case too.”
Maria McCloskey, PILS Director, reacted saying: “This decision is crucial – because it goes to the heart of public interest litigation.
“Through its third-party intervention, NICCY has a vital role to play in these proceedings by informing the court of the legal implications for children and young people of the alleged failings in this case.”
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