Adjournment Debate. - Nuclear Plants.
Róisín Shortall
Question:
70
Ms Shortall
asked the
Minister for the Environment Heritage and Local Government
the implications for the Irish case against Sellafield of the decisions given to date by the United Nations Court of Arbitration; and if he will make a statement on the matter.
[23616/03]
Minister for the Environment, Heritage and Local Government (Mr. Cullen): On 24 June last, the tribunal established under Annex VII of the UN Convention on Law of the Sea delivered its Order No. 3, on the suspension of proceedings on jurisdiction and merits, and request for further provisional measures. The order directed the suspension of the substantive hearings in the case until questions of Community competence were resolved with the European Commission and, in any event, until not later than 1 December 2003.
In ruling on Ireland's request for further provisional measures in the case, the tribunal affirmed the operation of the provisional measures prescribed by the ITLOS tribunal on 3 December 2001. The tribunal, concerned that co-operation and consultation between the two Governments may not always have been as timely or effective as it could have been, recommended that Ireland and the United Kingdom enter into discussions with a view to establishing secure arrangements, at a suitable intergovernmental level, for co-ordination of all the various agencies and bodies involved and to review the whole system of intergovernmental notification and co-operation.
In compliance with the tribunal's order, Ireland and the United Kingdom submitted separate reports to the tribunal on 12 September 2003, setting out the progress to date on discussions towards progressing the tribunal's recommendation. Exchanges between the two Governments at official level are continuing and a further report to the tribunal is due to be made on 17 November 2003. Following this, the parties are scheduled to meet the tribunal to make submissions in respect of resumption of the substantive proceedings.
In relation to the question of Community competence, the European Commission, following an exchange of views with Ireland, issued a Rea soned Opinion, to which Ireland has responded. We are awaiting further developments with the Commission on this matter.
