I welcome the proposal of this motion as it affords me the opportunity to come before the House and inform Senators of the Government's strong commitment to a non-nuclear strategy both nationally and internationally. The House should be aware that since coming into office we have maintained consistent opposition to nuclear proliferation and have taken effective action on a number of fronts to deal with the problem of hazardous nuclear waste being transhipped both in our immediate area and on a global basis. Because of its nature, radioactivity does not recognise international boundaries, as was brought home to us all forcefully in the aftermath of the unfortunate accident at Chernobyl some years ago. It is not therefore sufficient to attempt to take preventative action at domestic level only, and so efforts at achieving proper security against the effects of nuclear accidents of whatever kind must be made at a regional and international level.
As the motion refers specifically to the coastline and our territorial waters, it is important at the outset that I should set out the context in terms of our international obligations. Under the United Nations Convention on the Law of the Sea, 1982—UNCLOS—vessels have the right of innocent passage through our territorial waters once they are operating in compliance with international regulations. The right of innocent passage applies to nuclear vessels. However, the Convention does give coastal states the right to confine such vessels to particular sea lanes and to comply with traffic separation schemes. In addition, foreign nuclear powered ships and ships carrying nuclear or other inherently dangerous or noxious substances are required to carry documents and to observe special precautionary measures established for such ships by international agreements. It is well known in international shipping circles that Ireland is anti-nuclear and that we do not wish nuclear ships to transit our waters.
In any event, the Harbours Act, 1996, effectively prohibits the entry of nuclear vessels to our ports. In accordance with the provisions of that Act, which were brought into operation on 3 March, 1997 in relation to port companies and harbour authorities, the harbour master of a harbour may only permit the entry into a harbour of radioactive material, within the meaning of the International Maritime Dangerous Goods Code, with the consent of the Radiological Protection Institute of Ireland. Such materials include medical, industrial and research materials and are subject to licensing by the regulatory service of the RPII which is the competent authority in relation to such matters.
The Harbours Act, 1996, also prohibits the following from entering a harbour:
(a) a nuclear powered ship, vehicle or conveyance;
(b) a ship, vehicle or other conveyance that is carrying any nuclear weapons;
(c) a ship, vehicle or other conveyance that is carrying nuclear material (within the meaning of section 2 of the Radiological Protection Act, 1991) or ores or other substances destined for the production of nuclear materials i.e. fissile material, material to be used in the production of nuclear fuel or nuclear weapons.
These provisions apply to commercial vessels. With regard to ships of the naval service of a State, this provision will only apply with the prior consent of the Government. This is because Article 29.4.1 of the Constitution, which relates to the conduct of foreign relations, provides that the decision whether to ban a foreign state-owned ship from entering a harbour is one for the Government.
The Irish Sea has been used for the shipment of spent nuclear fuel and plutonium to and from Sellafield for several years. The transport of such materials through the Irish Sea, a narrow semi-enclosed sea with densely populated areas in its environs, poses a threat to the safety of people living in these areas and to the marine environment generally. The implications of an accident or collision need no spelling out to this House.
Concerns of small island developing states and other coastal states world wide, with regard to the transportation of nuclear materials between Japan, the UK and France led to the adoption in 1993 of the International Maritime Organisation — IMO — Code on the Safe Carriage of Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes in Flasks on Board Ships—INF Code.
In ongoing discussions at international level on the INF Code the Department has consistently argued for the following additional requirements to be put in place: the INF Code to be made mandatory; the design of cargo containers and flasks to be evaluated taking into consideration the specific hazards associated with marine transportation; a notification structure to be put in place whereby coastal states would be informed of the passage of INF cargoes past our coast; a liability regime to be established to deal specifically with marine transportation of INF materials.
At the 1995 IMO Assembly in London I secured agreement from representatives of the 152 countries in the IMO to adopt Ireland's resolution seeking to have the INF code strengthened. The resolution instructs the IMO's Maritime Safety Committee and Marine Environment Protection Committee — MEPC — to examine the deficiencies in the code and to report back to the next assembly of the IMO in November this year. An active lobbying campaign was launched by the Department of the Marine and we have succeeded in obtaining much support for our position. Indeed, senior officials from the Department are currently meeting with IMO countries in London. At an EU working group meeting last month Ireland received the support of member states for its request to have the INF code strengthened. The indications are that EU member states will support Ireland at the IMO.
On 13 September 1995 an EU Directive — HAZMAT —concerning reporting arrangements for vessels bound for, or leaving, Community ports and carrying dangerous or polluting goods came into force. During Ireland's EU Presidency, we secured political agreement from EU Ministers to expand the definition of "dangerous goods" to include substances coming under the INF code. This will have the effect of requiring states to report vessels carrying nuclear materials bound for, or leaving, Community ports.
As I stated at the outset, we are pursuing all avenues to ensure that Ireland's coastline and territorial waters are protected from the possible impacts of nuclear industry. Following strong representations by Ireland, we have succeeded in having the disposal of radioactive material prohibited within the waters covered by the Convention for the Protection of the Marine Environment of the North-East Atlantic. This prohibition has been given domestic effect by way of the Dumping at Sea Act, 1996.
The 1996 White Paper on foreign policy commits the Government to ensuring that the "environmental, health and safety issues associated with the nuclear industry are effectively addressed" in all relevant fora. To this end, the Government is actively pursuing a series of actions to address and resolve these issues and has availed of all opportunities to raise its concerns on nuclear matters at bilateral, EU and wider international level, including within the International Atomic Energy Agency — IAEA — and the OECD.
There is a serious and continuing threat posed to the health and safety of the Irish public and Ireland's environment by nuclear facilities at Sellafield, including radioactive waste storage arrangements and aging nuclear reactors in Europe and Britain. Government strategy to deal with these threats is being co-ordinated and directed by a special ministerial committee on Sellafield and the Irish Sea with the result that nuclear matters are receiving an unprecedented level of Government attention.
The Government is committed to taking legal action against Sellafield provided a sustainable case founded on scientific evidence can be established. The review of options in this regard is ongoing and involves the Attorney General's Office, the Departments of Transport, Energy and Communications, Environment, Health and the Marine as well as the RPII.
As regards possible avenues for legal action, particular attention is being given to the provisions of the OSPAR Convention for the Protection of the Marine Environment of the North-East Atlantic. Under OSPAR, contracting parties are required to take all possible steps to prevent and eliminate pollution and to take the necessary measures to protect the marine environment against the adverse effects of human activities so as to safeguard human health and conserve marine ecosystems.
The new OSPAR convention is regarded as offering a firmer legal structure within which to mount any complaints against Sellafield, although the need to secure scientific evidence to substantiate alleged breaches of obligations remains. Relevant scientific reports and research studies are being appraised in conjunction with the examination of applicable law and possible sources of additional evidence are being pursued. As part of this process, attention is being given to the adequacy of the present monitoring programmes of the RPII and to the possible need for further public health effect related studies.
The Government viewed with particular concern the Nirex proposal for the construction of a rock characterisation facility near Sellafield which it regarded as a first step, entailing a significant financial pre-commitment, to an eventual underground structure for the permanent storage of UK and foreign radioactive waste. Opposition to the proposal entailed contacts with Cumbria County Council in relation to the initial planning application from Nirex, bilateral contacts at ministerial and official levels, meetings with the British Ambassador and presentation of the Government's case to the public inquiry established by the UK Secretary of State for the Environment into the appeal lodged by Nirex following the refusal of its planning application.
The Government also availed of a further period allowed for submissions to the UK authorities on relevant scientific evidence which subsequently became available. Opposition to the proposal was based on the Government's concerns about the proximity of the waste storage facility to the Irish Sea, uncertainties surrounding the geological and hydrogeological nature of the area and the likelihood of leakage affecting the Irish Sea as well as questions regarding the compatibility of the proposal with UK commitments under EU and international law. The determined manner in which the Government expressed its opposition and pursued the matter was instrumental in the recent decision by the UK authorities to reject the Nirex proposal.
The Government has availed of every opportunity, including discussions between the Taoiseach and the British Prime Minister, EU Council of Environment Ministers meetings and through representations to the UK authorities directly responsible, to call for the earliest possible phasing out of aging Magnox nuclear reactors in the interests of public safety and environmental protection. High level diplomatic approaches have been made to the Governments of countries which have, or which are contemplating signing, reprocessing agreements with the Thorp facility at Sellafield for the purpose of highlighting the Government's concerns and opposition to the plant.
EU involvement in relation to nuclear matters is based on the Euratom Treaty. The possibility of a review and update of the treaty so as to place greater emphasis on health, safety and environmental aspects has received attention. To this end the Department of Transport, Energy and Communications and the Department of Foreign Affairs, in consultation with the other Departments represented on the ministerial committee, prepared a discussion document for consideration at the intergovernmental conference in the context of the further enlargement of the Union.
The Ministerial committee has also overseen initiatives in other areas to counter the environmental and public health risks associated with nuclear activities, including requests to the OSPAR Commission and the Nuclear Energy Agency of the OECD to undertake a thorough technical review and assessment of both reprocessing and non-reprocessing options for spent nuclear fuel management, as well as their impacts on radioactive discharges to the marine environment and work is proceeding on these matters; presentation of a proposal to the OSPAR Commission seeking measures to tackle discharges of the radioactive isotopes technetium-99 from Sellafield which are leading to increased concentrations of the substance in sea water, seaweed and lobster, particularly close to the discharge point off the Cumbria coast; Ireland's ratification of the Nuclear Safety Convention in 1996 and the active promotion by Ireland of a new Global Convention on Radioactive Waste Management. A diplomatic conference will take place this year to adopt te convention.
In November 1996 the Government decided to offer State financial assistance and other support to the County Louth residents, known as STAD, taking court action against British Nuclear Fuels Limited. The assistance will apply to specific items of scientific investigation, research and other work relevant to the case. The Government also decided to seek agreement for the removal of the State as a defendant from the action being pursued by the residents.
By way of further support to the STAD action, extensive information on documentation held by the Departments of Transport, Energy and Communications, Environment, Health and Marine and the RPII has been made available. The Government has also offered medical and statistical expertise to assist the Louth residents with the interpretation of health related data.
The environmental and public health threats posed by unsafe nuclear installations in central and eastern Europe have also been recognised. The Minister for the Environment supported the declaration issued by the ECE Ministerial Conference, Environment for Europe, held in Sofia, Bulgaria, in October 1995, which, inter alia, reaffirmed Ministers' commitment to phase out such installations. In implementing these measures emphasis is to be placed on the development of new and renewable sources of energy and the enhancement of energy efficiency.
The Government is totally committed to protecting its territorial seas from the potential effects of radioactivity. We must operate within the parameters of international law. In that connection, we seek to strengthen the international environmental, health and safety regulations associated with the nuclear industry through every possible fora, that is, through bilateral contacts with the UK, through the EU, through regional conventions and through the United Nations. I assure the House the Government is totally opposed to the nuclear industry and will continue to do all in its power to ensure it is regulated to the strictest of standards.
