As the Deputy will be aware, the Irish Government has decided to proceed with an action against the UK Government in relation to the proposed MOX plant at Sellafield.
I am determined to settle, by way of an arbitration tribunal under the OSPAR Convention, a dispute between Ireland and the UK. The dispute relates to the withholding by the UK, on grounds of commercial confidentiality, of information essential to assessing the justification of the full commissioning of the proposed MOX plant.
I have consistently opposed the commissioning of this plant and have expressed the Irish Government's total opposition to the plant in detailed submissions made to the UK authorities – in response to each of the four rounds of public consultation held by the UK authorities – the most recent of which commenced in March and closed in May 2001. I have repeatedly demanded the full release of information supporting the economic justification of the plant. My demands were refused on the grounds that full release of information would prejudice BNFL's commercial interests. The matter was also raised by Ireland at last year's OSPAR Commission meeting.
The UK Ministers for the Environment and Health have yet to decide on whether to give the go-ahead to the plant but there is a risk that they will do so when they have examined the outcome of the most recent round of public consultation. I am concerned that a decision to proceed with the plant may be imminent. I consider it essential, therefore, that Ireland, having exhausted all other avenues, should now proceed with the action under the OSPAR Commission. The official submission in this regard has been made to the commission and the UK authorities have also been notified. In this context I have also asked the UK not to take any steps which might affect Ireland's rights in this matter, including the authorisation of the proposed MOX plant, pending the conclusion of this arbitration procedure. I should mention also that Ireland is preparing a case for legal action against the UK Government under EU law in the event of the MOX plant going ahead.
The production of MOX fuel is essentially a part of the spent fuel reprocessing activities at Sellafield. I have written to each of the OSPAR contracting parties informing them of the Irish Government's concerns about the resumption of shipments of spent fuel to Sellafield from Germany and the Netherlands and pointing out that such shipments are not in keeping with the spirit of the decision adopted at last year's meeting of the OSPAR Commission. I also informed them that Ireland has tabled a draft decision for consideration and adoption at the next OSPAR Commission meeting in Valencia next week. Ireland's draft decision calls, inter alia, for the urgent completion of the current review of discharge authorisations limits and, until such time as the review is completed, a moratorium on activities which encourage and promote the spent fuel nuclear reprocessing option.