Michael Kitt (Fianna Fail)

I move:

That Seanad Éireann:

—maintains that Sellafield remains the single most serious hazard to Ireland's environment;

—believes Sellafield should be closed in view of the pollution, poor safety record and devastating impact that a serious accident or terrorist attack could have on all aspects of life in Ireland;

—notes the strong commitment in the programme for Government which states that Sellafield is an unacceptable threat to Ireland and should be closed;

—commends the Government for ensuring this position is made clear regularly through responses to public consultations on nuclear matters, contacts at all levels and in correspondence with the UK authorities;

—urges the Government to continue to use every diplomatic and legal route available to work towards the achievement of its objective to have Sellafield permanently shut;

—commends the Government for pursuing separate legal actions against the Sellafield MOX plant through the OSPAR Convention and the United Nations Convention on the Law of the Sea, UNCLOS, and through participation at EU level and at other international bodies where the Irish position is stated at all times, individually and with like-minded countries;

—urges the Government to continue to be a leading opponent, in all international bodies, of attempts to foist nuclear energy on developing countries;

—notes, with approval, that the Government joined other like-minded countries in a declaration on this matter at the World Summit on Sustainable Development in Johannesburg in 2002 and urges the Government to use all other opportunities as they arise;

—requests that the Government continues to work with other like-minded countries to stop the international transport by sea of nuclear waste for reprocessing;

—requests the Government to keep up-to-date nuclear emergency plans, including sufficient stocks of medical supplies, so as to minimise harm to public health from the effects of any possible exposure to radiation in Ireland;

—supports the strong commitment of the Government to seek full disclosure from the UK authorities of all information relevant to accidents, malfunctions, unauthorised disclosures and lapses in safety procedures and of any evidence of heightened risk to health or the environment;

—and asks the Government to convey to the British Prime Minister, Mr. Blair, Seanad Éireann's implacable opposition to Sellafield as well as this House's firm conviction that the UK authorities should speedily ensure the safe and orderly closure of Sellafield because of the potential threat it poses to the Irish people.

I welcome the Minister of State. I am glad we have such a comprehensive motion before us. We are all aware of the various protests that have taken place over the years demanding the closure of Sellafield. Many people have gathered at, or near, Sellafield and there have been protest songs written about the closure of the plant.

I am pleased that, in line with Government policy, Ireland has initiated proceedings on two separate fronts. One set of proceedings relates to the Sellafield MOX plant, under the 1992 OSPAR Convention for the protection of the marine environment of the north-east Atlantic; the other is under the UN Convention on the Law of the Sea, known as UNCLOS. Much progress has been made on these two cases.

The OSPAR hearing took place in the permanent court of arbitration in The Hague in October 2002. The objective of the OSPAR action was to bring about the disclosure of certain information which had been excluded from two economic reports on the MOX plant, commissioned by the UK. The court issued its judgment on 22 July 2003 and although Ireland failed to gain access to the confidential information withheld from the UK public consultation papers, the court established an important international legal precedent. It determined the following: Ireland has a right under the OSPAR Convention to access information on the marine environment; the UK has an obligation to make such information available; and Ireland has the right of redress to vindicate its rights to such information.

The UNCLOS hearing took place in The Hague from 10 to 21 June 2003. The issues in this case included the threat to the marine environment from the continued operation and expansion of Sellafield, including security issues, the threat to the Irish Sea from shipments of nuclear materials and the inadequacy of the 1993 environmental impact statement from the MOX plant. However, at the beginning of the hearing, the tribunal was concerned with arguments from the UK that the issues in dispute were matters of European Community competence and should fall for decision by the European Court of Justice.

The issue is the continuing discharge of radioactive waste into the Irish Sea. Unlike sludge, which can be broken down, the radioactive material remains intact in the sea and is moving towards the Scandinavian countries. That is why the Scandinavian countries, particularly Norway, are supporting us. It is of major concern that this practice, which has been going on for years, is continuing and it will take many more years before we find a resolution.

The tribunal took the view that it would be inappropriate to go on to consider the merits of Ireland's case while uncertainty remained over the division of competences between UNCLOS, the European Community and the member states. In those circumstances, the tribunal proposed to hold hearings on the substantive case to facilitate a resolution of the issues relating to jurisdiction between the European Community and UNCLOS. However, the tribunal agreed to hear an application by Ireland for provisional measures, pending the hearing of the substantive case. These provisional measures were dealt with and the tribunal issued an order on 24 June 2003 calling on both parties to develop suitable secure arrangements at intergovernmental level to improve co-operation and consultation.

Discussions at official level between Ireland and the UK are ongoing on the implementation of the tribunal's order. The provisional measure orders provide a basis on which to improve co-operation and consultation arrangements between the UK and Ireland. Four reports have been submitted to the tribunal to date and the next report is due at the end of May 2005.

On the issue of competences between UNCLOS and the EU, the European Commission initiated proceedings against Ireland in the European Court of Justice on 31 October 2003. Written pleadings in the case have been exchanged and Sweden has intervened on the side of Ireland, while the UK has intervened on the side of the Commission. The written procedure is now closed and Ireland has requested an oral hearing at the European Court of Justice. It is expected that the hearing will take place later this year.

It would be useful to take a look back at the work of the Radiological Protection Institute of Ireland. I notice, from contact with it and its website, that it has introduced new technology over the years. In 2000 an experimental buoy equipped with a radiation detector capable of continuously measuring radioactive contamination of sea water was placed in the north-western Irish Sea. The new technology also includes instruments for measuring the physio-chemical parameters such as salinity, temperature and current velocity.

This particular piece of equipment was developed and constructed by a Norwegian company, Oceanor, in conjunction with the IAEA's marine environmental laboratory and is a good example of co-operation and how countries opposed to Sellafield work together. The Irish Sea project was planned jointly with the RPII and the environmental heritage service of Northern Ireland which supports the project financially. I understand the project is scheduled to run for 12 months and will provide valuable information on the performance of the new technology. It is a useful project. The RPII was delighted to get the new equipment and by the participation of the Northern Ireland environment and heritage office.

We may become complacent when we hear the radioactive levels in Ireland due to Sellafield fell in 1999 and 2000, as shown in the main findings produced on radioactivity levels. However, this is an issue the Government should continue to raise with the British Government because while levels may be low, they are undesirable and unnecessary. The Taoiseach raised the matter with the British Prime Minister, Mr. Blair. The case has been made based on the results of sample levels from fish, shellfish and other marine biota from Irish waters. Under the OSPAR Convention we should ensure that our case is highlighted so we can seek the early closure of Sellafield.

An issue the RPII has repeatedly mentioned is that of the high-level storage tanks which hold radioactive waste. The quantity of radioactive material in these tanks is such that an accident involving a major release into the atmosphere could have serious consequences at a considerable distance from the plant. The RPII was given unprecedented access by the plant's operators, BNFL, in 2000 to detailed information about the safety of the tanks. The RPII found that while the likelihood of a serious accident is low, BNFL could and should take a number of actions to make the risk even lower. For example, some of the issues relate to BNFL providing more accurate and up-to-date information on the reliability of individual plant components. BNFL also needs to complete its analysis of the potential hazards to the plant from, for example, seismic disturbances. Alternative water supplies for tank cooling are not fully independent of each other. The RPII also recommended that instrumentation for the detection of possible hydrogen build-up should be installed. Another practical issue raised was the random checking of plant personnel for alcohol or drug abuse. The institute also raised the issue of the consequences of a severe accident if one should occur. These issues have not been adequately assessed.

I hope BNFL takes action on these matters as suggested by the RPII. There are significant risks associated with the storage of high-level radioactive waste in liquid form. The RPII has suggested that a long-term programme to convert the material to a safer solid form should be accelerated. I hope this will be done. It is a pleasure to propose this motion this evening and I hope the House agrees to it.