Noel Dempsey (Meath, Fianna Fail)

I thank Deputies for tabling their questions and providing me with the opportunity to address the matter in the House. I am deeply concerned by the recent turn of events. It is a matter of great regret to me as well as to the Deputies that five persons have been committed to prison by the High Court. I share the Deputies' wish to see the matter resolved as quickly as possible. Deputies will not, however, expect me to intervene in a decision of the High Court, which must be allowed to act independently. The last person who did so was a Minister of State who found himself out of a job very quickly.

The best way to achieve a quick resolution of the matter in question is through constructive dialogue between the company and the representatives of the people concerned. Both parties must be willing to approach the difficulties with an open mind. I am aware that efforts are being made by the company, the Council of the West and Deputies who are present in the House to resolve the issues which have arisen. I share the hope that the process will result in a settlement that is acceptable to both sides. The fact that 11 Private Notice Questions have been submitted on the issue reflects the genuine concern of Members on all sides of the House to ensure the matter is resolved.

It might be helpful to outline for the House the circumstances of the Corrib gas field development in so far as my Department is concerned. The Department is responsible for the regulatory aspects of petroleum exploration and development. In the case of the Corrib gas field, authorisations were granted by the Department under a number of provisions. Under the Continental Shelf Act 1968, authorisation was given for the construction of the offshore installation within the continental shelf designated areas on 15 April 2002 by my predecessor. My predecessor also gave consent on 15 April 2002 for the plan for the development of the field under the Petroleum and Other Minerals Development Act 1960. Under the Gas Act 1976, as amended, consent was given on 15 April 2002 for the construction of a gas pipeline from the gas field through the offshore up to the terminal building. Under the Foreshore Act 1933, as amended, a foreshore licence was granted on 17 May 2002.

In accordance with EU directives, an environmental impact assessment statement was submitted with each application for consent or approval. In addition, my predecessor made 35 compulsory acquisition orders of rights over land — I stress that they were rights over land — and one compulsory purchase order of land under section 32 of the Gas Act, as amended. The purpose of the orders was to allow the developers to use certain privately-owned lands for the construction of a pipeline from the gas field up to the proposed terminal building in Bellanaboy, which is 7 km inshore. The consents and approvals granted by my predecessors are extant and the compulsory acquisition orders remain valid.

The consent to construct a pipeline of 15 April 2002 under the Gas Act 1976 was subject to a number of conditions, among which was the requirement to seek approval to install and commission the Corrib gas pipeline. The developer's application for consent to install and commission the pipeline is being carried out in seven phases from the subsea to the terminal. The process commenced in 2002. Consents to install and commission have been issued for phases 1 and 2, the preparatory work of phase 3 and for phase 6. The Department is finalising its decision on the onshore pipeline, which is the remaining element of phase 3, and evaluating the company's application to install and commission the offshore pipeline, which is phase 4. The remaining phases 5 and 7 will be dealt with in 2006 and 2007.

The current dispute between the objectors and the developers relates to the onshore pipeline, which is the remainder of phase 3. There are some objections to the granting of acquisition orders for way leaves by the then Minister for the Marine and Natural Resources over certain lands to permit the installation of the pipeline. As part of its submission for consent to install and commission the onshore pipeline, the developers were required to submit a quantified risk assessment which addressed, among other things, potential risks to the public along the pipeline route. Since the onshore pipeline application was submitted to the Department in 2002, two independent assessments have been carried out on the quantified risk assessment. The pipeline design code was also assessed.

The consultant who evaluated the onshore pipeline design code indicated that it had been selected in accordance with best public safety considerations. He indicated that, subject to compliance with conditions laid down by the Minister in his approval, the design was generally in accordance with best national and international industry practice. The quantified risk assessment has been put into the public domain. One of the assessments of it is already in the public domain while the second will be published in the next few days. The overall finding of the quantified risk assessment that the prediction of risk to the public from the operation of the onshore section of the Corrib gas pipeline conforms to international criteria is supported by the latest report I have received. The plan of development approval, including the consent to construct a pipeline, took account of safety matters. It also incorporates the permits-licences to be issued by other regulatory authorities. To this end, I draw Deputies attention to the following.

The plan of development approval was given subject to a number of conditions. Condition No. 3 stipulates:

Approval by me for First Gas (commencement of Commercial production operations will be subject to amongst other things the receipt of a Letter(s) of Acceptance for all Corrib installations, pipelines and associated engineering infrastructure from an auditor to be appointed by my Department indicating that 3rd Party Independent Verification has been carried out and completed satisfactorily in relation to the development.

In addition, the planning process takes due account of all safety aspects, including public safety, in its determination. In this regard I draw Deputies' attention to condition No. 15 of An Bord Pleanála's planning decision, which stipulates that:

Before the commissioning of the gas terminal, the developer shall submit to the planning authority a certified Safety Audit in relation to the installation of the combined upstream pipeline and terminal elements of the development within the planning application site, and the agreement of the planning authority shall be received.

The Safety Audit shall be prepared and certified by an independent qualified and competent person or body. Such body or person, and the precise form of the Safety Audit, which shall include Qualitative and Quantitative Risk Analysis of the specified combined components, shall be agreed with the planning authority.

The Safety Audit shall also be submitted to the Health and Safety Authority and the Department of Communications, Marine and Natural Resources at the same time as it is submitted to the planning authority.

Thus the House will appreciate the concern of local residents in regard to the operation of the pipeline following commissioning and first gas. The comprehensive approval regime put in place by my predecessor envisages conditions in regard to the ongoing operation of the pipeline over the period of its life. I will ensure that an appropriate independent auditing and monitoring regime will be installed prior to any gas passing through the pipeline. This will ensure that best safety practices for the operation of the pipeline will be in place to my satisfaction. I intend to approach the design of such an independent regime on an open and consultative basis. I will ensure the concerns of local residents are taken fully into account in the design of such an independent auditing and monitoring regime and I will make a statement to the House in this regard when appropriate.

Two assessments have been carried out on the QRA, one of which is already in the public domain and the second will be published in the next few days. The overall finding of the QRA is that the prediction of risk to the public from the operation of the onshore section of the Corrib gas pipeline conforms to international criteria. The latest report on the QRA supports this conclusion.

I hope the current efforts being made by Members in the House and by others outside will resolve the issues amicably and that the people who are in jail will be released very shortly.

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