Seán Ryan (Dublin North, Labour)
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Question 139: To ask the Minister for the Environment, Heritage and Local Government, in view of the European Court of Justice's preliminary court ruling regarding the State's legal action against the UK under the UN Convention on the Law of the Sea, the legal action the State intends to pursue against Sellafield at this stage. [5215/06]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 213: To ask the Minister for the Environment, Heritage and Local Government the status of Ireland's dispute with the United Kingdom regarding Sellafield; and if he will make a statement on the matter. [5228/06]

Dick Roche (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 139 and 213 together.

The Government initiated international legal proceedings against the United Kingdom under the United Nations Convention on the Law of the Sea, UNCLOS, with regard to the Sellafield Mox plant. This litigation was suspended pending resolution of jurisdictional issues in the dispute, which were raised by the European Commission and heard by the European Court of Justice on 8 November 2005. Essentially, the Commission claims that it is the proper agency to act on matters or disputes relating to the nuclear sector in accordance with the EURATOM Treaty and that the ECJ is the proper court to hear such disputes.

On foot of this hearing, the Advocate General issued his opinion on 18 January. While this opinion favours the Commission's case, it is a matter for the court to issue the final judgment in the case and this is expected later in the year. If the court ultimately confirms the opinion of the Advocate General, the Irish Government will expect the Commission to act robustly in respect of the operation of the Sellafield plant, a situation which has, in Ireland's view, not been the case to date.

The Attorney General is currently studying the opinion issued by the Advocate General and will advise the Government on the legal strategy to be adopted on the final ruling when that becomes available. However, the policy of this Government on Sellafield remains clear and unambiguous and we will continue to pursue all legal, political and diplomatic options to secure its safe and orderly closure.