Mr Justice Colton highlighted a lack of political will to deal with the ‘crucial issue’
Shauna Corr, Jul 03, 2026
Belfast High Court has ruled that a Stormont Department has been breaching the law for 20 years over its failure to test diesel cars for potentially dangerous emissions.
It follows a judicial review by Friends of the Earth NI, Public Interest Litigation Support Project (PILS) and the NI Commissioner for Children and Young People (NICCY).
In reaching his verdict this Friday, July 3, Mr Justice Colton also highlighted a lack of political will and urgency in dealing with the crucial issue.
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The Department for Infrastructure accepted that it had breached obligations outlined in the Motor Vehicle Testing Regulations 2003 when the case was heard early in 2024.
It is understood that Mr Justice Colton asked why it comes down to civic society to supervise the lawfulness of government departments when delivering his judgement, and said it was right for the Children’s Commissioner intervene to put pressure on DfI.
Friends of the Earth NI director, James Orr, told how Mr Justice Colton added that they were “right to take the case” as it was a “clear breach of the law”.
A High Court document outlines how DfI has a plan to tackle the issue with the judge warning that failure to deliver will ‘inevitably lead to further proceedings’.
It states: “The court recognises that the department does have a plan in place.
“The serious harm that diesel emissions cause to the environment and human health demand that those plans are implemented with urgency and expedition.”
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