A Stormont department is facing High Court action over allegedly “dangerous” air quality failings because of MOT tests on diesel cars.
Friends of the Earth has joined forces with Public Interest Litigation Support group, The PILS Project, for the case against the Department for Infrastructure.
They say DfI has failed to identify harmful emissions levels during MOT testing for the past 17 years.
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And that hundreds of thousands of diesel cars in Northern Ireland have never received a legally compliant exhaust emissions test at our government-controlled vehicle testing centres.
The case is expected to proceed to full hearing on June 19, 2023.
Friends of the Earth NI director James Orr said: “Over half the cars in Northern Ireland are diesel, which is higher than anywhere else in the UK. They are running about without any measurement of pollutants at all.
“For the Department to consistently fail to comply with the law is nothing short of a major scandal,” he added.
“The science is clear, the law is clear – there is a duty to test emissions in order to protect both public health and the health of habitats.
“We are taking the government to Court because we all have a right to breathe clean air.”
Their legal team will argue that in failing to fully test emissions from diesel cars [for particulates] in Northern Ireland during MOTs, the Department for Infrastructure has breached its duties not only under vehicle testing law - but to protect public health and the health of Northern Ireland’s biodiversity and wildlife habitats.
According to DVLA statistics, there were 525,800 private diesel cars registered in Northern Ireland in the third quarter of 2022, compared to 370,900 petrol cars.
PILS Director, Maria McCloskey, said: “This is not just a case about diesel emissions.
“It is about air quality, environmental protections, and about a fundamental failure of our government to fulfil its legal obligations since 2006.
This case potentially impacts every single person living in Northern Ireland. It is, at its core, a public health issue. We, at PILS, are pleased to be able to offer our support to Friends of the Earth NI in this vitally important legal challenge.”
Health impacts
Research published by the UK’s Department for Energy and Climate Change in 2013 found the fumes from diesel cars are far more damaging to health than those from petrol cars.
They can contribute to lung disease, heart attacks, asthma and other respiratory issues.
Joseph Carter, Head of Asthma + Lung UK Northern Ireland told us: “Air pollution, especially PM2.5, can penetrate deep into someone’s respiratory system, leading to new lung conditions and for those with a lung condition it can leave them fighting for breath.
“Children, who are at exhaust height take the brunt as breathing polluted air can cause irreversible damage to growing lungs, and those who grow up in highly polluted areas are four times more likely to have reduced lung function in adulthood. This needs to change.
“The sooner the Department of Infrastructure can make sure all high polluting vehicles are off our roads, the more chance our children will have to breathe the clean air they deserve.
“We urgently need a Clean Air Strategy and investment in public transport, walking and cycling infrastructure to give people other options to travel around their neighbourhood without contributing to toxic air.”
A spokesperson from the Department for Infrastructure said: “The Department is aware legal proceedings have issued and shall not be commenting further in advance of the High Court hearing.”
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