Written answers

Wednesday, 18 May 2005

Department of Environment, Heritage and Local Government

Nuclear Plants

9:00 pm

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Question 180: To ask the Minister for the Environment, Heritage and Local Government the initiatives he has taken to advance the Sellafield issues; if he has taken steps at international level; if such steps include potential legal action; and if he will make a statement on the matter. [13548/05]

Seán Ryan (Dublin North, Labour)
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Question 184: To ask the Minister for the Environment, Heritage and Local Government the position regarding the international legal action taken by Ireland with a view to securing the closure of the Sellafield nuclear reprocessing plant; and if he will make a statement on the matter. [16360/05]

Photo of Dick RocheDick Roche (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 180 and 184 together.

The Government initiated international legal proceedings against the UK under the United Nations Convention on the Law of the Sea, UNCLOS, concerning the Sellafield MOX plant. The current position in relation to 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. These issues are now the subject of litigation between Ireland and the Commission before the European Court of Justice and formal pleadings have been exchanged. In November 2004, Ireland applied to the court for the holding of an oral hearing, and a court hearing of the case is expected later this year.

However, the tribunal in the UNCLOS 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 both 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 and the next report is due to be submitted by 31 May 2005.

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 both 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.

In accordance with the commitment in the Government's programme for Government to use every legal and diplomatic opportunity to secure the orderly closure of Sellafield, I and my Department utilise all bilateral and multilateral opportunities to articulate Ireland's concerns about Sellafield. Considerable opportunities arise at international fora, such as the International Atomic Energy Agency, IAEA, the European Union and the OSPAR Commission, to advance our views on issues such as marine transport of nuclear waste, nuclear safety and radioactive discharges to the marine environment. All these issues have direct relevance to Ireland's concerns regarding Sellafield and I intend to continue Ireland's proactive engagement at these and other fora with a view to maximising support for our policies among like minded states.

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