I propose to take Questions Nos. 193, 202 and 218 together.
I refer the Deputy to my reply to Dáil Questions Nos. 54, 84 and 121 on 27 November 2001 in which I detailed the Government's activities in pursuit of its campaign against Sellafield and the nature of its legal action against the UK in regard to the MOX plant under both the OSPAR convention and the UN Convention on the Law of the Sea – UNCLOS.
In my reply to those questions, I mentioned, in the context of the legal action under UNCLOS, that Ireland had requested the International Tribunal for the Law of the Sea – ITLOS – to order a legally-binding injunction on the UK to stop the commissioning of the MOX plant and associated shipments of nuclear material and that the outcome of the ITLOS Hearing held on 9 November 2001 in that regard would be known on 3 December 2001. On 3 December 2001, ITLOS duly delivered its judgment. While ITLOS did not agree to the implementation of the injunction measures requested by Ireland, it did decide that UNCLOS has jurisdiction in relation to Ireland's case and that Ireland has rights under UNCLOS to seek to protect the marine environment of the Irish Sea.
The ITLOS judgment order also imposed obligations of cooperation on the UK vis-à-vis exchange of information and construction of appropriate measures to prevent pollution of the marine environment pending the hearing of the substantive case by an arbitration tribunal to be established under UNCLOS. It is anticipated that the hearing of the substantive case by an arbitration tribunal under UNCLOS will take place in the autumn.