Vol. 542 No. 3
7 Mr. Stagg asked the Minister for Public Enterprise the timeframe for taking legal action in the European Court of Justice following the decision of the British Government to sanction the production of MOX at Sellafield; and if she will make a statement on the matter. [24525/01]
In the light of the UK Government's decision of 3 October 2001 to give the go ahead to the Sellafield MOX plant, the Irish Government is now finalising consideration of further legal options against the UK under both EU and UN law. The question of action in the UK Courts is also included in that consideration. This would be in addition to the legal action already under way under the OSPAR Convention.
I will not pre-empt the Government decision on which avenue to pursue. Clearly, the time frame and the opportunities for early relief of the various legal options will be deciding factors which will influence the Government decision in this respect. Although I understand it may be some time before the plant is commissioned, it is imperative that we move swiftly and in advance of any such commissioning and this is what we are doing.
On the specific question put by the Deputy in regard to the timeframe for proceedings in the European Court of Justice, I understand that at present it can take up to several years for hearings in that court. If the Government decides to pursue the EU legal option, I am advised that from the date on which Ireland files its complaint, the European Commission has up to three months to respond. After that proceedings may issue to the European Court of Justice. Once proceedings have been issued, I understand it would be open to Ireland to apply for preliminary relief pending the outcome of the hearing. However, in the current circumstances, where it seems that early action is imperative, it is possible that the European Court of Justice path may be less immediate than our current needs dictate.
However, at this stage I will neither pre-empt the Government decision, which is before it, on this matter nor close off any of the appropriate legal avenues open to Ireland. If necessary, we would be prepared to pursue all of these.
On a point of order, we used to have 20 minutes for priority questions. We are now up to 45 minutes. Are Members, other than those who have put down priority questions, able to be involved in Question Time?
The rules governing priority questions are quite clear.
They have been changed.
The Deputy should consult his—
They have changed down the years.
They are quite clear now.
There were always quite clear. What is the current state of play?
If the Deputy wants to discuss the matter with me, he should come to my office.
Some 45 minutes is a long time to be excluded.
I am not going to take up the time of the House.
You are telling me I am excluded.
The Deputy should refer to Standing Orders – they are quite clear.
They are unfair.
They are a decision of the House.
They are still unfair.
Does the Minister of State agree that the legal and scientific sitting on hands that has occurred over the past four years had the effect of giving a free hand to the British authorities to go ahead with the commissioning of the MOX plant at Sellafield? Does he agree that the flurry of activity we are now seeing is, by and large, window dressing with no real substance? Will he tell the House if the Government is serious about tackling the British authorities on this and if it will go to the High Court in London next week to seek a High Court injunction preventing the British authorities from proceeding with this until the case is heard at United Nations and European levels?
I would not agree with the former part of the Deputy's question. Nobody knows better than Deputy Stagg the intensive campaign that has been waged by this Government and by previous Administrations against the commissioning of MOX. Other parties and groups have engaged in intensive activity in this regard. That includes five rounds of public consultation processes in which Ireland put forward very strong, potent presentations. That has delayed this evil day until the recent announcement.
This legal action the Government is taking is not a knee-jerk reaction – it is something on which we embarked last June well in advance of this announcement. Going forward with those actions, which were authorised by Government when I put it to it last June, was accompanied by a request to British Ministers not to proceed with the commissioning of MOX until that process of action had been completed. We are very disappointed and astonished that that request and demand was not adhered to.
I am sure the House would agree, although the Minister of State may not, that I am being damned with faint praise by saying I was as active on this issue in that portfolio as the present Minister of State. Does the Minister of State agree that the commissioning of this MOX plant, given the attempt by some forces in the world to start a world war at that time, is a teeing up of the Sellafield plant as a target for terrorist attack? It is shining a light on this place for a terrorist attack. Does the Minister of State agree with that? Does he agree that if there were a terrorist attack – it would be very simple to organise an attack of various sorts – if the highly active liquid waste stored at the plant were to explode and if we were unfortunate enough to have wind in our direction, agriculture in Ireland would be wiped out indefinitely, probably for 10,000 years, and that many Irish people would die regardless of what plan the Minister of State might have for reducing the number of deaths? Have any studies been carried out in his Department or by the RPII on his behalf to indicate what would be the effects of such a disaster at Sellafield?
I have always acknowledged the work and the efforts of previous administrations, particularly the one previous to ours and the work of Deputy Stagg in this area. I agree with him that this has substantially escalated the concern we have always had and expressed in regard to Sellafield. We have had many concerns and areas of concern in regard to the activities in those installations. We have always articulated that our main concern is the possibility – regardless of how remote – of a serious accident or incident at Sellafield with the resultant chaotic situation which it would cause in this country because of our close proximity.
As regards this announcement in present circumstances – world terrorism and what is happening in other countries, particularly the United States – it is totally irresponsible of the British to escalate the situation there and to allow further expansion of nuclear activities at Sellafield. We are totally against that and are doing everything possible in this regard. The Taoiseach entered the arena on this recently. He has said publicly that he will use every means humanly possible, including legal means, to prevent this from going ahead. That is the Government's stance on it.
