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Nuclear Plants.

Dáil Éireann Debate, Thursday - 30 September 2004

Thursday, 30 September 2004

Ceisteanna (34)

Joe Sherlock

Ceist:

30 Mr. Sherlock asked the Minister for the Environment, Heritage and Local Government the position regarding this country’s international legal case in connection with the Sellafield nuclear plant; and if he will make a statement on the matter. [22592/04]

Amharc ar fhreagra

Freagraí scríofa

The arbitration proceedings brought by Ireland against the United Kingdom under the United Nations Convention on the Law of the Sea, UNCLOS, in relation to the Sellafield MOX plant are currently adjourned pending resolution of jurisdictional issues in the dispute, which were raised by the European Commission. However, Ireland was granted a provisional measures order by the tribunal on 24 June 2003. This order called upon the United Kingdom and Ireland to make arrangements to review and improve co-operation and consultation between the two countries. Discussions in this regard between officials from Ireland and the United Kingdom are currently ongoing.

The jurisdictional issues raised by the European Commission are currently the subject of litigation between Ireland and the Commission before the European Court of Justice. Under the provisions of the European Court of Justice, third party member states can intervene in proceedings between another member state and the European Commission. In accordance with these provisions the UK has intervened in support of the European Commission case while Sweden has intervened in support of the case made by Ireland. Pleadings are currently being exchanged in these proceedings and while a date for the court hearing has not been set, it could be heard at the end of this year or early 2005.

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