In March, 1995 the High Court established the jurisdiction of the Irish courts to hear the substantive case brought by four Dundalk residents against British Nuclear Fuels in relation to the THORP reprocessing plant in Cumbria. This decision was welcomed by the Government. In January 1996 British Nuclear Fuels' appeal against the earlier High Court decision was heard by the Supreme Court, which has reserved its judgment.
Although Ireland and the Attorney General are named as co-defendants in the substantive case being taken by the Dundalk residents, the Government supported the Dundalk group in resisting British Nuclear Fuels' application to have the order allowing service of the summons out of the State set aside. In addition, my Department and a number of other Government Departments and State agencies are currently making available to the plaintiffs, on a voluntary basis, files and documentation relevant to the issues raised. This is another illustration of the Government's commitment to do all in its power to eliminate the threat posed by Sellafield and THORP.
There have been requests that the plaintiffs should be indemnified by the State in respect of their costs of pursuing the proceedings. The advice I have is that this request raises some substantial issues and, as I indicated in response to a parliamentary question on 12 October 1995, it is considered appropriate in the circumstances to await the outcome of the appeal taken by British Nuclear Fuels before reaching a decision, one way or the other, upon those requests. It is the intention of the Government to positively respond to the request if it is legally possible to do so.