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Dáil Éireann debate -
Tuesday, 7 Oct 1997

Vol. 481 No. 1

Adjournment Debate. - Funding for Dundalk Group.

I wish to share my time with Deputy Fox.

Is that agreed? Agreed.

In October 1957 a fire broke out in the Windscale nuclear power plant and a deadly cloud spread as far as Dundalk. A study by Patricia Sheehan published in The Lancet claimed a link between the high incidence of Down's syndrome children and stillbirths in County Louth and the Windscale fire. The study was carried out on a number of women who were students in a school in Dundalk. In later years a number of these women gave birth to stillborn babies and several had a first child with Down's syndrome. Many of them suffered from a form of cancer.

I find it incredible that, in the week we commemorate the 40th anniversary of this nuclear catastrophe, this Government can renege on commitments made to the Dundalk residents who are bringing a case against Sellafield. The case is made all the more incredible when we know the majority party of this Government, Fianna Fáil, promised during the election it would fully support the group. Fianna Fáil's election manifesto stated:

In government, Fianna Fáil will ensure that the case taken by the residents is fully funded and if required appealed through the higher courts.

The Progressive Democrats also gave the impression they would help residents and stood an environmental campaigner who is very active on the Sellafield issue, Dr. Mary Grehan, in Dundalk for the election. The residents obviously felt this was a Government they could trust. We now sadly know the words "fully funded" can be replaced by the words "£200,000 in total".

We are all too well aware of the reality of legal costs. Millions were paid in such costs in the beef tribunal. Offering just £200,000 for this serious case, which requires substantial research, is close to laughable and very disturbing. The figure offered is even more disturbing when we consider that on 1 October, in reply to a question from Deputy Yates, the Minister for State, Deputy Jacob, stated the Dundalk group could expect very positive information as to the money which would be forthcoming. In response to Deputy Yates, the Minister stated the matter of research and assistance towards research was being fully and directly assessed in the Government's proposals to the residents. He continued to say that the Government's intention was to be "ultra-helpful to the group".

What were we and the Dundalk group in particular to expect following these hopeful remarks but that the Government would provide substantial and complete public backing for the taking of this important legal case. But, a week is a long time in politics. For the Government to announce such a paltry sum at this time marks not only a broken Fianna Fáil electoral promise to the people, but a remarkable lack of sensitivity to the people of Dundalk in particular and to the Sellafield issue in general.

The effects of Sellafield will not go away for the four plaintiffs involved in this case or for the majority of people living on our east coast. This has to be tackled seriously. This half-hearted attempt by the Government does not auger well for the other promises made by Fianna Fáil in its election manifesto regarding the full closure of Sellafield.

I wish to recall some of the glaring evidence of the effects of Sellafield. There are measurable amounts of plutonium in seaweeds on the east coast. The Irish Sea is unique in having more than half a tonne of plutonium in its silt. Levels of technetium-99 in lobsters in the Irish Sea have doubled each year since 1992 and in some cases have been up to 30 times higher than the EU's maximum permissible concentration. Britain continues to ignore the radioactive levels in the Irish Sea. At the recent Brussels meeting of the Oslo and Paris Commissions, the British Government was the only one of the 15 delegations not to express concern over the levels of technetium-99 found in seafood caught in the Irish Sea. The delegation said it did not see the issue as being urgent.

This is the type of complacency we are up against and it is this which the Dundalk group is willing to challenge in court. As the group said in its statement regarding promises made in the election, "why do they continue to believe the people will not recall the election promises and the Dáil statements, or do they feel that by cynically spinning an answer to create a false impression they shall be immune from scrutiny?" The Government will not be immune from scrutiny. The Green Party will not allow the Government to get away with this disgraceful decision.

I thank Deputy Gormley for agreeing to share time with me. There have been many reports that Sellafield is detrimental to the health of residents, and most of these remain unfunded and uninvestigated by successive Governments. For example, Carmel Mothersill, an eminent scientist, has proven the link between genomic instability and low levels of ionizing radiation. Ms Mothersill's ongoing research has been confirmed by many renowned scientific institutions, including the Harvard School of Public Health. There is so much public concern about Sellafield that I feel it necessary to fund research to investigate the long-term consequences of radiation for current and future generations of Irish citizens.

In the Fianna Fáil environmental policy document published before the general election, the party said that "in Government Fianna Fáil will ensure that the case taken by the Dundalk residents is fully funded and if required appealed through the higher courts". That is a clear promise given by Fianna Fáil prior to the election and I call on that party to fulfil that commitment and not let down the people or the residents of Dundalk.

I thank the Deputies for giving me the opportunity to state the Government's position on this matter. First, let me clarify that STAD — Stop Thorp Alliance Dundalk — is the support and fundraising group for four County Louth residents who have taken a High Court action against British Nuclear Fuels Limited, Ireland and the Attorney General.

The House will be aware that yesterday I met for the first time with the residents to explain, with the Government's full authority, the nature of State support and co-operation to the residents in connection with their High Court action. At that meeting I explained that the Government recognises that the residents have won the right to a substantive action against BNFL and that any State assistance would be offered in the context of the residents' responsibility for prosecuting the case.

Since July last the complex issues relating to this case have been comprehensively reviewed by the Government on two occasions. This clearly indicates the high level of importance the Government attaches to this matter. It is the Government's wish to be co-operative and supportive in respect of the residents' efforts, particularly in their attempts to assemble research material designed to further their case. To this end, on behalf of the Government, I offer the County Louth residents up to £200,000 for research purposes. This is the first tangible offer of £200,000 for research purposes made by the State. The package I have offered allows them discretion to identify the precise research which they see as a priority relating to their conduct of the case. At yesterday's meeting, I informed the residents that all relevant Departments and the Radiological Protection Institute of Ireland could make themselves available to advise and assist them relating to the content and scope of research they may wish to undertake.

It has been suggested by the residents' solicitor that the Government accepted some time ago that the residents' research proposals amounting to £250,000 were necessary and should be carried out. However, the previous Government only approved funding of £100,000 towards these research projects. This Government's offer of assistance for such research is intended to assist the residents' with funding for projects which they see as a priority relating to their conduct of the case. This Government does not intend to screen the residents' proposals in terms of assessing their value because it is a matter both for them and their legal team to determine how best to pursue their case and the £200,000 offer is available to support this work.

I also told the residents that I wanted to be as helpful and co-operative as possible in providing assistance relating to the computerised management of the great volume of documents contained in my Department's Affidavit of Discovery.

On the question of the residents' request for financial assistance towards legal work already carried out or proposed in relation to their case, I informed the residents that the Government was not in a position to fund this work. The question of funding legal fees was carefully considered in the light of the legal proceedings in the High Court in which the State is named as a co-defendant. For reasons related to the State's own review of a possible legal action against Sellafield and the potential Exchequer implications arising from supporting the residents' case it has been decided to exclude legal fees from the offer of assistance to the residents.

At yesterday's meeting I informed the residents that any financial assistance to be provided would be subject to the State being removed as a co-defendant in their action against BNFL. I indicated that I would welcome an early decision from the residents to accept the offer in order that the Government agreed financial assistance could be made available.

Unfortunately the County Louth residents indicated that they could not accept the Government's offer because, in their view, the support offered was not adequate to pursue their case. I expressed regret on behalf of the Government that they did not find the offer acceptable. Naturally, I am sorry that the offer did not meet their expectations.

Before concluding I would like to respond to claims that this Government is not serious about taking a legal action against Sellafield. I totally refute such claims. The question of taking an action against Sellafield is one which has been considered by successive Governments over the years. This issue remains a complex and difficult legal matter. It would be highly irresponsible of me to commit significant amounts of public money to commence such a case without being assured that the essential preparatory work had been completed, including the crucial element on which grounds for legal redress by the State relies, namely firm scientific evidence. The matter is under review with the advice and assistance of the Attorney General.

Again I thank the House and the two Deputies for this opportunity to clarify the Government's position concerning assistance for the County Louth residents action against BNFL.

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