Vol. 470 No. 3
143 Mr. J. Walsh asked the Minister for Transport, Energy and Communications if he will support and indemnify the four County Louth litigants, who have currently a Supreme Court case against British Nuclear Fuel Limited, Ireland and the Attorney General; and if he will make a statement on the matter. [18896/96]
The legal proceedings in which four Dundalk residents have sued not only British Nuclear Fuels Ltd., BNFL, but also the State is the subject of an appeal by BNFL on questions concerning the jurisdiction of the Irish courts. Although the State is named as a co-defendant in the substantive case, the State has supported the Dundalk residents in resisting British Nuclear Fuels' application in both the High Court and the Supreme Court. Judgment has been reserved on the appeal which was heard in the Supreme Court on 24 and 25 January last. Depending on the decision of the Supreme Court, the substantive claims of the plaintiffs concerning Sellafield may be heard subsequently in the Irish courts. My Department and a number of other Government Departments and State agencies are currently making available to the plaintiffs, on a voluntary basis, files relevant to the issues to be raised in the substantive case.
I have only recently dealt with the Government's general approach to legal proceedings in relation to Sellafield — see my reply of 15 October 1996 to Question No. 299. As to requests that the plaintiffs should be indemnified in respect of their costs of pursuing the proceedings. I am advised that it is considered appropriate to await the outcome of the Supreme Court appeal taken by BNFL before reaching a decision one way or the other upon those requests. However, it is the intention of the Government to positively respond to the request if it is legally possible to do so.
