Séamus Pattison (Carlow-Kilkenny, Labour)
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The next two matters will be taken together. Deputies Cowley and Broughan have five minutes each and the Minister of State has a maximum of ten minutes to reply.

Jerry Cowley (Mayo, Independent)
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This is an important matter as a terrible conflict is ongoing in Bellanaboy, County Mayo, involving hundreds of gardaí and protestors, and I fear for people's safety as lorries leave the site at speed. A means to resolve this dispute was proposed by the Shell to Sea group in a statement last Monday, 6 November. The group proposes the establishment of an independent, public commission of inquiry, which should comprise one or more members who are acceptable to all sides in the dispute; that the central purpose of the commission should be an investigation into the optimum development concept for the Corrib gas project; that the optimum development concept be determined according to a comprehensive set of criteria which shall include environment, health and safety, local and regional benefits and community consent; that community consent be the critical criterion employed in determining the optimum development concept; that the work of the commission be done in public through open hearings involving submissions, cross-questioning and other investigations deemed appropriate; and that the commission makes recommendations regarding the optimum development concept.

This proposal offers a reasonable and sensible way through which the Corrib gas conflict can be resolved. All sides in this dispute claim community support and, therefore, none should fear community consent as the key criterion. Previous efforts to resolve the dispute have been characterised by their narrow focuses and limited terms of reference. This proposal outlines an open, transparent and democratic method for determining how the Corrib gas project can be developed. This proposed project is wrong and has its genesis in the decision of the Minister for the marine in October 2000 to locate a gas processing terminal for the Corrib gas field in Bellanaboy on a site surrounded by blanket bog within the catchment of the primary water supply for the entire Erris region and located directly across from an established community.

The production pipeline will carry unprocessed gas and run 9.5 kilometres inland parallel to another established community. There is a great deal wrong with this. The Minister for Communications, Marine and Natural Resources agreed to sell the land involved to Enterprise Energy Ireland Limited, Shell's predecessor, without first considering advice about the suitability of the site. He issued consents in breach of EU Directive 98/30/EC because he failed to include a requirement that the pipeline comply with the code of practice. He confined the terms of reference of the Advantica safety review and the mediation process to the pipeline, even though the key issue was the siting of the terminal in Bellanaboy. It is wrong of the Minister to state the project was independently assessed and Advantica said the site was acceptable. The limitations of the Advantica report have often been outlined. Its focus on the effects of the pipeline rather than the cause, the Bellanaboy site, was too narrow.

In respect of itself, the Advantica report states: "It does not include detailed examination of the feasibility of alternative project design options, alternative pipeline designs or routes." Mr. Kevin Moore, a planner with An Bord Pleanála, stated that the terminal was located in the wrong place. He also stated that the developer ignored the board's request to provide information on alternatives and that the Minister's consent for the pipeline "could reasonably be determined as being premature" and had "emphasised a perception to some degree that the granting of planning permission for the ... processing terminal at the Bellanaboy site is a fait accompli". As the connecting downstream pipeline from Bellanaboy to Galway was already decided and announced, this conclusion is unavoidable.

It is obvious that the situation is wrong and the planning process was flawed. Cold venting, a process that threatens the environment, was not included in the planning process. There are significant questions about this matter. A petrochemical industry, a 400-acre footprint, will be located in a pristine area. Without going into detail on the effects on the area, such as 50 full-time jobs, the location is wrong. Such a matter has never been examined in this way.

Fundamental to the issue is that the pipeline and not its location was examined. The situation was flawed from the beginning and premeditated to ensure that Shell got exactly what it wanted. Not even An Bord Pleanála or the Minister could get Shell to examine alternatives. Mr. Peter Cassells's hands were tied behind his back because he was not allowed to examine more than the pipeline. For the sake of the people in the area, the Minister must consider a commission of inquiry, as it is the only way forward.

Tommy Broughan (Dublin North East, Labour)
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I thank the Minister of State for attending. Last Monday, I was delighted to walk more than a mile with the Shell to Sea campaign and to show solidarity on behalf of the Labour Party with the people of Erris and north County Mayo. I was struck by the wide spectrum of Mayo opinion represented in the protest. Farmers, fishermen, teachers, women on household duties and senior citizens took the time to visit and support the protest from 6.30 a.m. or 7 a.m. before their day's tasks began.

I was also struck by the reasonable attitude of many people I met there and in Castlebar at the press conference organised by Shell to Sea. When I addressed the protest with Labour Party president Deputy Michael Higgins, Deputy Joe Costello, Counsellor Harry Barrett of the Mayo Labour Party and Mr. Hughie Baxter of Roscommon-South Leitrim, I noted the achievement of the public campaign by the people of Erris and north-west Mayo since 2000.

The Advantica technical advisory group and the Centre for Public Inquiry reports vindicated their stance on the safety of the pipeline and the Peter Cassells mediation clearly decided that the pipeline pressure and route needed to be changed. I commend our great colleague in the labour movement, Mr. Cassells, for his profound efforts.

It is tragic that five brave Rossport citizens spent 94 days in jail to vindicate their rights and that the progress made since autumn 2005 could not have brought the problem to a resolution. Mr. Andy Pyle, the chief executive of Shell, apologised for the imprisonment of the Rossport Five and immediately after their release seemed to indicate that direct face-to-face talks without preconditions would commence while work on the Bellanaboy facility was suspended. Sadly, those negotiations have not taken place and Mr. Terry Nolan, the deputy CEO, and his colleague, Mr. John Egan, continue to indicate that the refinery's location cannot be discussed.

The overwhelming wish of the people I met last Monday was for talks without preconditions to take place urgently. Last Monday in Castlebar, Dr. Mark Garavan and his Shell to Sea committee announced an important initiative, namely, the establishment of an independent public commission of inquiry to investigate the Corrib gas project. The main purpose of the commission is to develop an optimum development concept for the Corrib gas field. The concept will be determined according to a set of criteria, including health and safety, local and regional benefits, environment and community consent. The last criterion is regarded as key and would come into operation following open public hearings and a commission recommendation.

As I said in the aptly named Michael Davitt room of the Imperial Hotel in Castlebar, this proposal is important and worthy of deep consideration. In a conversation with the Minister for Communications, Marine and Natural Resources, Deputy Noel Dempsey, yesterday and a letter to him and Mr. Pyle of Shell — I will also write to Marathon and Statoil — I urged that the proposal be examined and used as the basis for intense face-to-face negotiations between the parties concerned under respected, independent mediation. I renew my call for such talks and express the hope that such a development might lead to a full resolution of the dispute and allow this vital gas field to be harvested as Ireland's critical transitional fuel while moving to a renewable era. Such talks, if accompanied by a suspension of the works at Bellanaboy, would lead to the immediate end of the protest, as Dr. Garavan declared yesterday.

It has been indicated to me that feelings have run so strongly that it might be wise to turn to some of the partners with experience in the field, such as Norway, to lead the discussion. I propose the involvement of, for example, a former Norwegian energy Minister. The ball is in the court of the Taoiseach, the Minister, Shell's chief executive, Mr. Pyle, and the Statoil and Marathon companies. Time is of the essence and, even with agreement tomorrow, Corrib gas would not flow ashore until later in 2009. Government intervention is critical and I urge the Minister and Mr. Pyle to review their positions, examine the proposal of Dr. Garavan and his committee carefully and give a considered response to the Shell to Sea initiative.

Every Deputy and everyone who knows Mayo, Galway and Connacht in general welcomed the decision to bring gas to Connacht towns. One or two important towns visited by Deputy Costello and I, such as Belmullet and Ballinrobe, are not included in the scheme, but I hope the situation will change in time. I commend my colleagues on the Joint Committee on Communications, Marine and Natural Resources, including the Minister of State's colleague, Senator MacSharry, who made a strong case for ordering Bord Gáis to change its cost benefit analysis.

With good will, we must respond to the considered initiative because people want a resolution. As Deputy Cowley said, we do not want a senior citizen or young person to be seriously injured on the Bellanaboy haulage road one morning. The way forward is face-to-face talks without preconditions. This is an important project for the nation, but we must work on it via agreement and we must respect the people of County Mayo, an important part of our country. Behind this immediate issue is that of Ireland's natural resources, a matter in respect of which the Labour Party has expressed strong and considered views in its oil and exploration Bill, which is on the clár of the Oireachtas.

Tim O'Malley (Limerick East, Progressive Democrats)
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On behalf of the Minister, Deputy Noel Dempsey, I wish to clarify that his statutory responsibilities in this matter relate to the regulatory aspects of petroleum exploration and development. I emphasise that in the case of the Corrib gas field, all of the required statutory approvals are in place. These approvals were given subject to intense scrutiny of the various applications made to the Department of Communications, Marine and Natural Resources and after the technical, safety and environmental aspects of the proposals were examined fully.

Authorisations were granted for the Corrib gas field under a number of provisions. Under the Continental Shelf Act 1968, authorisation was given for the construction of the sub-sea facilities. Consent was also given for the plan of development of the field under the Petroleum and Other Minerals Development Act 1960. Under the Gas Act 1976, as amended, consent was given for the construction of a gas pipeline from the gas field up to the terminal building. A foreshore licence was also granted under the Foreshore Acts. In accordance with EU directives, an environmental impact assessment statement was submitted with each application for consent or approval. In addition, planning permission was granted by An Bord Pleanála for the gas terminal.

Notwithstanding that the Minister's function is a regulatory one, he has been endeavouring at every opportunity to create the conditions that would allow the difficulties associated with this project to be resolved with the assistance of independent bodies and individuals.

Arising from local concerns about safety, the Minister had a further comprehensive safety review of the onshore upstream gas pipeline carried out by Advantica consultants last year. Advantica is a world leader in the development and application of advanced hazard and risk assessment technologies for gas pipelines.

It has been the priority of the Minister for Communications, Marine and Natural Resources, Deputy Noel Dempsey, that people who have views relating to the safety of the pipeline should have the opportunity to have those views considered by Advantica. During the period of the review, opinions were invited from local residents, communities and any interested party during the period of the review. A two-day public hearing was also held in the locality. The draft safety review was presented to the community on 8 December and further comments were invited before the report was published.

The Advantica report found that proper consideration to safety had been given in the selection process and for the project as a whole. Moreover, the review found that so long as a number of measures were implemented, the project would carry a substantial safety margin and that both the pipeline and route should be accepted as meeting or exceeding international best practice.

A separate technical advisory group, which supervised the safety review, made a series of further recommendations, covering, among other things, issues of design code, the drawing up of a pipeline integrity management plan and a range of measures on which the developer would have to gain approval to ensure that the actual construction and installation of the pipeline would be to the highest international standards.

The Minister published the full details of all these recommendations in May of this year. The developer, Shell, has accepted the recommendations made by both Advantica and the technical advisory group and has committed itself to meeting all of those requirements fully. Shell has notified the Department of Communications, Marine and Natural Resources that it is well advanced with the additional work necessary to comply with these requirements.

The Minister also appointed Mr. Peter Cassells as mediator in the dispute. Mr. Cassells was appointed following consultation with the protestors and Shell. Both sides agreed to this appointment and Mr. Cassells reported in July 2006. Shell has accepted the recommendations made by the mediator. It has indicated publicly that, in line with Mr Cassells's recommendations, it is considering alternative pipeline routes and will consult widely when it has come to a conclusion on the options.

It is clear that Advantica, the technical advisory group and the Cassells report have dealt with all reasonable concerns relating to this project. There is effectively nothing new in this latest idea for a further independent inquiry.

I understand that the protestors have recently focused their concerns on the siting of the terminal at Bellanaboy. The terminal has undergone a rigorous planning process over a three and a half year period following which An Bord Pleanála granted permission for the terminal. The terminal has been the subject of two applications for planning permission to Mayo County Council, one of which followed an initial refusal by An Bord Pleanála.

Deputies will appreciate that the availability of indigenous gas is becoming increasingly vital for the economy with world energy supplies diminishing and costs increasing sharply. The Corrib gas field is a major infrastructural project, which has the potential to play a significant role in the economic and social regeneration of Mayo and the north west region.

Jerry Cowley (Mayo, Independent)
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Some 50 jobs.

Tim O'Malley (Limerick East, Progressive Democrats)
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It will facilitate the improvement of the region's infrastructure and increase local employment, in both the short and long term. The development will also increase Ireland's security of supply by providing a reliable, secure and indigenous source of gas. The recent decision by the Commission for Energy Regulation to extend the natural gas network to 11 towns along the route of its Mayo-Galway transmission pipeline is very welcome in this regard. Athenry, Craughwell, Headford and Tuam in County Galway and Ballina, Ballyhaunis, Castlebar, Claremorris, Crossmolina, Knock and Westport in County Mayo will all benefit from new gas connections. This has been made possible because of work undertaken by Bord Gáis in anticipation of landing gas from Corrib and introducing it into the gas transmission network.

In conclusion, I assure the House, on behalf of the Minister for Communications, Marine and Natural Resources, Deputy Noel Dempsey, that the Corrib has been a high priority, particularly over the past 18 months. He has listened carefully to the concerns of the local community, particularly with regard to safety issues, and has responded to those concerns, as I have outlined, with the help of appropriate independent bodies and individuals.

Jerry Cowley (Mayo, Independent)
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Poppycock.

Trevor Sargent (Dublin North, Green Party)
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That is not good enough.

Jerry Cowley (Mayo, Independent)
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It is total and utter nonsense. The Minister of State did not address the pipeline application.