Council consider legal options after more mining licences granted

DERRY City and Strabane District Council will consider seeking a second Judicial Review around the granting of mineral prospecting licences in the district, including parts of Tyrone.

A proposal, which was put forward by independent councillor Paul Gallagher at May’s full council meeting, highlighted a recent Department for Economy decision to approve seven new licences, some of which are in the local council area.

The proposal added: “Prior to this decision this council submitted a robust challenge to the granting of such licences, based on sound environmental evidence, reinforced by the High Court ruling from Justice McBride, in a Judicial Review process.

“In light of this decision by DfE it is therefore necessary, in order to best protect our citizens, that this council enacts processes that will lead to a further Judicial Review.”

Councillor Gallagher commended officers’ response to DfE’s consultation around the licences as it “covered many of the issues that have been discussed in this chamber for many years”.

“I congratulate them on that [but] what disappoints me is the Department’s response,” he said. “In our response we highlighted the significant environmental damage the licences have the potential to do.”

“We have said that the applications are inadequate and unsatisfactory, and granting these licenses is unlawful.

“It’s our duty as a council to protect our citizens and to re-enact the processes that we have previously taken in order to protect our citizens.”

People Before Profit councillor Shaun Harkin said DfE granted the licences despite 99 percent of consultation responses voicing opposition to them.

He said: “There’s no stopping this Government, who want to continue to dish out mineral licenses even when 99 percent of thousands of public consultation responses object to it.

“I just think people are absolutely dismayed that this is happening.”

UUP Alderman Derek Hussey argued that the “pop up” nature of councillor Gallagher’s motion meant that members had to vote on a “complex issue” without the opportunity to consider factors, such as the Review’s cost to ratepayers.

Sinn Féin councillor Christopher Jackson noted that before the previous Review, members were provided with “significant information” before a decision was made and an officers’ report would be more appropriate, while DUP Alderman Julie Middleton argued that the motion’s short notice meant her party could not meet and adequately discuss the motion before making a decision.

A number of other members also argued that the pop up nature of the motion meant they were being asked to vote on a potentially costly proposal with no time to consider it fully.

In response, councillor Gallagher amended the motion asking council to enact processes that “may” lead to a further review, rather than “will” lead to a review.