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17/05/2018
DfI To Appeal Decision Over Controversial Incinerator Project
The Department for Infrastructure (DfI) is to appeal a judge's decision over a planning application for the controversial incinerator project.
The proposed arc21 Residual Waste Treatment facility in Mallusk, Co Antrim, was blocked by the High Court on Monday, 14 May.
Head of the Civil Service David Sterling said: "We have been very clear that significant decisions about policy and the allocation of resources should be taken by democratically-accountable Ministers. But, in the absence of an Executive, civil servants have had to take the unusual step of taking decisions on some issues which would normally have been brought to Ministers for decision.
"We have been doing this reluctantly and only after taking legal advice. And we never expected, or wanted, to have to do this other than for a very short period of time.
"Each decision has been taken on its own merits and senior officials have acted where they believed it was lawful to do so – where it was consistent with the direction of the previous Minister or necessary in the public interest that a decision be taken at the time.
"The arc21 judgment has potentially wide-ranging implications for decision-making in the ongoing absence of Ministers. That is why it is important we obtain greater clarity on the legal position and why it is right for DfI to seek to appeal.”
Sinn Féin MLA Declan Kearney said he is disappointed that the DfI is appealing the decision.
He said: "When I met with Peter May on the 18th September I told him he had made the wrong decision in granting planning permission to the ARC21 proposal, and advised him to rescind that decision. He chose not to do so. That advice was vindicated on Monday.
"On Monday we advised the Department not to appeal the court ruling, but they have since ignored that advice as well.
"The Department for Infrastructure needs to start listening to what I as a local MLA, the NOARC21 campaign group, and residents from within the greater Hightown and Mallusk area are saying.
"The decision taken on Monday was a victory for local democracy, accountability and campaigning residents."
(CD/MH)
The proposed arc21 Residual Waste Treatment facility in Mallusk, Co Antrim, was blocked by the High Court on Monday, 14 May.
Head of the Civil Service David Sterling said: "We have been very clear that significant decisions about policy and the allocation of resources should be taken by democratically-accountable Ministers. But, in the absence of an Executive, civil servants have had to take the unusual step of taking decisions on some issues which would normally have been brought to Ministers for decision.
"We have been doing this reluctantly and only after taking legal advice. And we never expected, or wanted, to have to do this other than for a very short period of time.
"Each decision has been taken on its own merits and senior officials have acted where they believed it was lawful to do so – where it was consistent with the direction of the previous Minister or necessary in the public interest that a decision be taken at the time.
"The arc21 judgment has potentially wide-ranging implications for decision-making in the ongoing absence of Ministers. That is why it is important we obtain greater clarity on the legal position and why it is right for DfI to seek to appeal.”
Sinn Féin MLA Declan Kearney said he is disappointed that the DfI is appealing the decision.
He said: "When I met with Peter May on the 18th September I told him he had made the wrong decision in granting planning permission to the ARC21 proposal, and advised him to rescind that decision. He chose not to do so. That advice was vindicated on Monday.
"On Monday we advised the Department not to appeal the court ruling, but they have since ignored that advice as well.
"The Department for Infrastructure needs to start listening to what I as a local MLA, the NOARC21 campaign group, and residents from within the greater Hightown and Mallusk area are saying.
"The decision taken on Monday was a victory for local democracy, accountability and campaigning residents."
(CD/MH)
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