Emmet Stagg (Kildare North, Labour)
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Question 149: To ask the Minister for the Environment, Heritage and Local Government the position regarding the international legal action taken by the Government with a view to securing the closure of the Sellafield nuclear reprocessing plant; and if he will make a statement on the matter. [3918/05]

Dick Roche (Wicklow, Fianna Fail)
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The Government initiated international legal proceedings against the UK under the United Nations Convention on the Law of the Sea in relation to the Sellafield MOX plant. The current position on the litigation by Ireland under UNCLOS is that the arbitration remains suspended pending resolution of jurisdictional issues in the dispute, which were raised by the European Commission. However, the tribunal in the case issued an order on 24 June 2003 after hearing an application by Ireland for provisional measures.

The provisional measures award and orders recommended that Ireland and the UK enter into dialogue to improve co-operation and consultation between the two Governments and report to the tribunal on specified dates. The most recent report to the tribunal was submitted on schedule by both parties on 30 November 2004. In line with the obligation on both parties to improve co-operation and co-ordination arrangements, complex discussions, confidential to the tribunal and the parties pending outcomes, are at present continuing.

It was my stated intention to report on progress arising from this process at the appropriate instance and the signing of an agreement on notification and exchange of information arrangements between Ireland and the UK on 10 December 2004 afforded the two parties an opportunity to do so. The agreed package of measures announced is designed to address a wide range of issues related to nuclear safety and includes inter alia the facilitating of visits to Sellafield by the Radiological Protection Institute of Ireland and the Garda Síochána, provision of access for the Institute to the UK's radiation monitoring system and a series of initiatives to develop and improve existing co-operation arrangements between both Governments.

The substantive hearing of Ireland's legal action against the UK under UNCLOS is currently suspended pending resolution of jurisdictional issues raised by the European Commission. These issues are now the subject of litigation between Ireland and the Commission before the European Court of Justice. In this case, formal pleadings have been exchanged and Ireland has recently applied to the court for the holding of an oral hearing. A decision is awaited.

Richard Bruton (Dublin North Central, Fine Gael)
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Question 150: To ask the Minister for the Environment, Heritage and Local Government if he will make a statement on his recent agreement with the British Government under the United Nations Convention on the Law of the Sea by which the Garda and the Radiological Protection Institute of Ireland will be allowed to visit Sellafield. [4040/05]

Jack Wall (Kildare South, Labour)
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Question 157: To ask the Minister for the Environment, Heritage and Local Government the main features of the recent agreement concluded with the British authorities regarding the sharing of information relating to nuclear issues, particularly to the Sellafield nuclear reprocessing plant; the rights of access which will be provided to the Irish authorities; if he has satisfied himself that these are adequate; and if he will make a statement on the matter. [3920/05]

Dick Roche (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 150 and 157 together.

On 10 December 2004, I was pleased to sign on behalf of Ireland, an agreement on the early notification of an accident or incident of radiological significance and exchange of information concerning the operation and management of nuclear facilities or activities with the UK. This agreement is modelled on an International Atomic Energy Agency Convention which was adopted in 1986. The convention established a notification system for nuclear accidents which have the potential for international transboundary release that could be of radiological safety significance for another State. The agreement is designed to ensure the swift exchange of information between the UK and Ireland in the event of a major nuclear accident or other radiological emergency occurring in either country. I am satisfied that it represents a very positive development in managing the two countries respective positions on the nuclear energy issue.

At the signing of the agreement on 10 December I, together with the British Ambassador, announced the outcome to date of the discussions between Ireland and the United Kingdom stemming from the legal action brought by Ireland against the UK under the United Nations Convention on the Law of the Sea. The UNCLOS arbitration tribunal's provisional measures award in June 2003 recommended that Ireland and the United Kingdom review the existing system of intergovernmental notification and co-operation to develop suitable secure arrangements at inter-governmental level to improve that system. Following the award, confidential and complex discussions ensued to improve co-operation and consultation between the two Governments. The discussions were constructive, wide ranging and fruitful and the outcomes represent a positive and welcome development between the two Governments in relation to the nuclear issue on which Ireland and the UK continue to hold significantly different views.

The agreed package of measures announced is designed to address a wide range of issues related to nuclear safety and included a visit to Sellafield in September 2004 by the Radiological Protection Institute of Ireland. The visit focused on developments in relation to the storage of high level liquid radioactive waste on the site and the authorisation of radioactive discharges into the Irish Sea. The intention is for the UK to facilitate further visits by the institute. The Garda Síochána visited Sellafield in June 2004 to review aspects of the physical protection and policing arrangements in place at the site following an invitation from the United Kingdom Atomic Energy Authority Constabulary. Following this visit both parties have agreed to discuss mechanisms for exchanging security sensitive information without compromising the security needs and concerns of the UK in relation to such information. Further visits will be facilitated by the UK.

I believe the access afforded to Sellafield to the Radiological Protection Institute of Ireland and the Garda Síochána is an extremely positive development which we can all welcome and endorse. It is a substantial advance on the situation that applied prior to the discussions between Ireland and the UK under UNCLOS. While nuclear safety and security are a matter for national authorities, in this case the UK, the access afforded to the institute and the Garda Síochána represents an increasing recognition by the UK of the real concerns of the Irish people in relation to the continued operation of the Sellafield plant. I understand the RPII and the Garda Síochána have judged the visits to be welcome, constructive and useful confidence building measures and I look forward to the continued development of these and the other important information exchange and co-operation arrangements arising from the discussions under UNCLOS by the UK and Ireland.