Dáil Éireann debate -
Tuesday, 26 Mar 1996

Vol. 463 No. 3

Written Answers. - State Legal Action.

Dermot Ahern

Question:

404 Mr. D. Ahern asked the Minister for Transport, Energy and Communications the Government's position regarding the High Court and Supreme Court action taken by four County Louth residents against BNFL and Ireland and the Attorney General; the agreement, if any, that has been achieved in order to extricate the State from being defendant/respondent in this action; if she will indemnify the four County Louth litigants in respect of pursuing their action against Sellafield/ THORP; and if he will make a statement on the matter. [6072/96]

Minister for Transport, Energy and Communications (Mr. Lowry)

The Supreme Court heard the appeal on behalf of British Nuclear Fuels on 24 and 25 January 1996, against a previous High Court ruling that an action against the company can be heard in the Irish courts. The Supreme Court has reserved its judgment on this particular preliminary issue. Although Ireland and the Attorney General are named as codefendants in a substantive case to be taken by the County Louth residents, the Government has in fact supported the County Louth Group in resisting British Nuclear Fuels' application in both the High Court and Supreme Court.

There has been no indication, of which I am aware, of any agreement of the plaintiffs to withdraw their proceedings against the State.

There have been requests that the plaintiffs should be indemnified by the State in respect of their costs of pursuing the proceedings and it is considered appropriate in the circumstances to await the outcome of the Supreme Court appeal taken by British Nuclear Fuels before reaching a decision, one way or the other, on those requests.