Vol. 377 No. 2
asked the Minister for Energy if it is now appropriate that all matters involving British nuclear energy be dealt with through diplomatic levels, in view of the failure of the British Secretary for Energy to take any notice of representations from this country in regard to the concern of this country in the matter; and if he will make a statement on the matter.
36.
asked the Minisster for Energy the steps, if any, he is taking to limit Ireland's exposure to radiation hazards associated with the operation of nuclear installations in Britain and elsewhere; and if he will make a statement on the matter.
62.
asked the Minister for Energy if he will give details of his plans to take legal action regarding safety standards at British nuclear power stations.
I propose to take Questions Nos. 34, 36 and 62 together.
The Irish people should not be exposed to any doses of radiation from the operation of nuclear installations in the UK and elsewhere. We derive no benefit from such operations and this Government will do everything they can to protect our people from such hazards. It is unacceptable that our marine environment is deliberately contaminated daily by discharges of radioactive waste into the Irish Sea from UK nuclear installations, and that we should be threatened by the risk of a nuclear accident from Sellafield's reprocessing activities and the continued operations of old Magnox nuclear reactors which could have long term irreparable implications for the health, economy, and environment of this country. This is why the Government have been calling for the closure of Sellafield and the old Magnox power stations. This is also the reason why the Government are opposed to any further expansion of the nuclear industry in the UK and elsewhere which might threaten our health and safety.
Under the European Treaties the Commission has a duty and a responsibility to protect the people in the Community in so far as possible from the hazards of radiation. I am glad to note that the European Commission recently decided to commence inspections of the monitoring facilities established in member states in order to check the level of radioactivity in the air, water and soil and ensure compliance with basic health and safety standards. While these inspections are to be welcomed, I have informed the Commission that this does not prejudice Ireland's long-standing request for the establishment of an independent European inspection force which would have no axe to grind and which would examine whether the most modern safety standards are being applied at all nuclear installations within the Community.
On the specific issue of the UK's nuclear plants, the Government will go on exerting maximum pressure through all channels open to them including international organisations to achieve our legitimate demands that ageing and unsafe installations are closed down and that there is no further expansion of the nuclear industry which might affect our health and safety. The Government consider that this is the best approach towards the general question of safety in present circumstances, but where circumstances arise in which legal action may be effective, consideration will be given to following such a course.
Will the Minister inform the House, first, if he feels he will get any support from his European counterparts, other than the British Minister and perhaps the French and the Germans who are rather hung up on nuclear power? Has he had discussions with his other counterparts in other European countries, perhaps smaller countries? The support we received from Commissioner Clinton Davis is to be welcomed. I remember having many discussions with the Commissioner in this country and he is very aware of the difficulties and fears we have in relation to the British nuclear industry. Perhaps the Minister would outline to us whether he feels he will get support from his counterparts, the Ministers in other European countries, for the establishment of an independent nuclear inspectorate, which I recall calling for on many occasions and which the then spokesperson for the Fianna Fáil Party felt would not be adequate; in fact, the present Taoiseach felt it would not be adequate. If we succeed in establishing it I believe it would be the root we should put down. What prospect does the Minister see at this stage of support for its establishment and what is the likelihood of its being established as a matter of urgency?
The European inspectorate is not adequate as such. The only solution is the closure of the plants within the UK. That is the final solution as far as the protection of the health and safety of the Irish people are concerned. However, as a step to removing the native inspectorate forces from their own industries we believe the European inspectorate is a step in the right direction. I have put on record the help I have received from Commissioner Clinton Davis. He has been very helpful in this area, but again he has to deal with a difficult environment. He is dealing with the British and French in particular who, as has been said, are very pro-nuclear. I have met my colleagues from the remaining countries in the EC. I met them in Copenhagen in September-October last and discussed this at great length with them. I raised it at the informal meeting there. I have also had discussions with the representatives from Norway, Sweden and Iceland because I am seeking support on this issue from all sources, not just within the Community, to try to ensure the closure of these plants within the UK.
The Minister in his reply referred to the Euratom Treaty. Under Articles 37 and 38 of that Treaty the Commission can issue directives concerned with levels of radioactivity that emanate from such plants. If these Directives are ignored by member states there is under Article 38 a provision whereby the offending member states can be brought before the European Court. To my knowledge we have never approached this very difficult area in that way. Apart from giving consideration to it, may I ask the Minister if, in view of the ineffectiveness of the measures he has taken to date, it is now time to proceed along the lines I have outlined? Surely he would agree that it is likely to be more effective than the action he has taken already. Apart from confining ourselves to the European Court may I ask the Minister if he has considered bringing this matter to the International Court of Justice in The Hague where Ireland could initiate a case based on international precedent whereby one State is not entitled to cause damage to another State by virtue of any action it carried out in its own jurisdiction?
This is becoming a rather long question. The Deputy should be more precise.
Does the Minister consider that there is a well founded legal basis for taking that action and in any event would he agree that if we took action along those lines it would be done in a very high profile way and would bring extra pressure to bear on the British authorities to ensure that they comply with the standards we want them to comply with?
In response to the point about the action taken to date by the Government in relation to the British nuclear industry, I believe that through diplomatic pressure and lobbying by ministerial colleagues, both within and outside the European Community, the Government have raised the level of awareness of the concerns of the Irish people about the British nuclear industry and that this can only be of benefit to the people of Ireland. I reject totally the suggestion that the efforts to date have been in some way less than successful. Because we have not received the support and recognition we would like from the British Government of the legitimate concerns of the Irish people, we are at this stage considering the legal road and all legal avenues, including the various sections of the Euratom Treaty, are being looked at with a view to taking legal action against the British, either in Europe or in Britain.
When will the Minister make a decision as to whether he will initiate legal action?
The Deputy will be informed as to when and the type of action that will be taken.
Will it be in the near future?
In the very near future.
