Vol. 496 No. 3
81 Mr. Bell asked the Minister for Public Enterprise the reason she is refusing to assist STAD with legal costs other than those arising from research work; if she will invite nominees from STAD to serve on the Committee on Nuclear Safety; and if she will make a statement on the matter. [22658/98]
I refer the Deputy to my response to Questions Nos. 96, 119 and 265 on the 30 September 1998.
As the Deputy is aware the County Louth residents have accepted the terms of the Government's offer of assistance towards the cost of research activities being undertaken by them in their legal proceedings against BNFL and a number of payments have been made to date.
In December 1997 the Government approved a further package of assistance relating to defined areas of work by the residents' legal team arising from these research activities. These proposals were outlined in my letter to the residents' solicitor dated 12 December 1997. The residents have yet to confirm that they are in a position to accept this offer.
As to the question of the provision of legal costs other than those arising from research work, it must be borne in mind that the State is still a co-defendant in this action despite numerous requests that it be removed from the case. The October 1997 Dáil motion committed the Government to support the action against British Nuclear Fuels — it did not commit the Government to support an action against itself. Moreover, I have to be careful to avoid the risk of payments to another body to carry on a legal action being regarded as the tort of maintenance or as an abuse of process of the courts. The terms of my letter of 12 December were designed, with the assistance and advice of the Attorney General, to minimise that risk.
In relation to membership of the Ministerial Committee on Nuclear Safety, as Chairman of the Committee I am satisfied that the existing membership of the group, which includes representation at ministerial and official level from the various Departments and State agencies which are involved in developing and implementing nuclear safety and radiological protection policy, can effectively implement the committee's work programme.
