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Dáil Éireann díospóireacht -
Thursday, 16 Oct 2003

Vol. 572 No. 5

Adjournment Debate. - Nuclear Safety.

Jim O'Keeffe

Ceist:

30 Mr. J. O'Keeffe asked the Minister for the Environment Heritage and Local Government the steps proposed to deal with the continued maintenance and the development of the Sellafield nuclear plant. [23469/03]

The Government continues to take a proactive role in opposing the risks to health and the environment associated with the operations at the Sellafield nuclear plant.

An Agreed Programme for Government states that we regard the continued existence of Sellafield as an unacceptable threat to Ireland and that it should be closed safely, and we are continuing to use every diplomatic and legal route available to us to work towards the removal of this threat.

The Government has taken a demonstrable initiative in pursuit of this policy objective through its separate legal actions in relation to the Sellafield MOX plant, under the OSPAR Convention and also the United Nations Convention on the Law of the Sea, UNCLOS. These actions challenged operations at the Sellafield MOX plant on economic, legal, environmental and safety grounds.

The OSPAR tribunal issued the award on 3 July 2003. Although the award did not grant Ireland a right to gain access to the confidential information withheld from Britain on public consultation papers because the tribunal deemed that the information sought was not environmental information, it did establish an important international legal precedent. Ireland has a right under the OSPAR convention to access to information on the marine environment, Britain has an obligation to make such information available and Ireland has a right of redress under the convention to vindicate its rights to such information.

The provisional measures award and order of the UNCLOS tribunal of 24 June 2003 recommended that Ireland and Britain enter into dialogue to improve co-operation and consultation between the two Governments and to report to the tribunal on the matter on specified dates.

In compliance with the tribunal's order, Ireland and Britain 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.

That order also directed the suspension of the substantive hearings in the case until questions of EU competence were resolved with the European Commission and, in any event, until not later than 1 December 2003.

In relation to the question of EU competence, the European Commission, following an exchange of views with Ireland, issued a reasoned opinion to which Ireland has responded. We are awaiting further developments with the Commission in relation to this matter.

In addition to the legal actions, Ireland has also responded critically to various British public consultation processes concerning the regulation of its nuclear industry covering such matters as the management of radioactive waste in Britain; a review of British energy policy and the British strategy for discharges from nuclear installations. Ireland has also been involved in stakeholder talks with regard to the development of the new nuclear decommissioning authority that is being set up in Britain, and will continue to use its influence in whatever way possible to ensure the highest safety and environmental standards are adhered to whilst continuing to campaign at every level for the ultimate safe closure of the Sellafield plant.

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