Enda Kenny (Mayo, Fine Gael)
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Question 654: To ask the Minister for the Environment, Heritage and Local Government the strategy and timescales involved in bringing the British Government to court for security failures at the THORP reprocessing plant at Sellafield; if he has discussed the matter with the British Ministry involved; and if he will make a statement on the matter. [6336/06]

Enda Kenny (Mayo, Fine Gael)
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Question 655: To ask the Minister for the Environment, Heritage and Local Government the procedures he intends to follow and the action plan he intends to implement in order to take the European Commission to court over its failure to monitor the British nuclear industry as reported (details supplied); the failures of monitoring which he intends to highlight to the court; if he has discussed same with the Commission; and if he will make a statement on the matter. [6337/06]

Dick Roche (Wicklow, Fianna Fail)
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I propose to answer Questions Nos. 654 and 655 together.

The Government's international legal proceedings against the United Kingdom under the United Nations Convention on the Law of the Sea concerning the Sellafield Mox plant were suspended in 2003 pending resolution of jurisdictional issues in the dispute raised by the European Commission.

These issues were the subject of proceedings by the European Commission against Ireland before the European Court of Justice, ECJ. The Advocate General's opinion issued in the case on 18 January 2006 considers that the ECJ has competence in relation to the dispute between Ireland and the UK. While this opinion favours the case made by the Commission, it will be a matter for the Court to issue the final judgment which is expected later in the year. The final outcome should clarify international and community law on the protection of the marine environment and other issues raised by the continued operation of the Sellafield reprocessing plant. The Government, in consultation with the Attorney General, will decide future legal strategy based on the final judgment of the ECJ case. It would be premature at this point to speculate on the legal options open to the Government arising from this process.

I met with Alan Johnson MP, UK Secretary of State at the Department of Trade and Industry in October to voice the continuing concerns of the Irish Government about the operation of the Sellafield plant and the leak in April 2005 at the THORP plant. I pointed out that the report by the operator on the leak at THORP indicated a continuing poor safety culture and practice at the Sellafield plant which regrettably was entirely consistent with the longstanding poor operational safety record at Sellafield. It was now necessary for the UK Government to take the hard decisions necessary to close the Sellafield plant.

I also met with Commissioners Andris Piebalgs and Franco Frattini on 31 January last and made it clear that the Irish Government expects the Commission to exercise its competence robustly in respect of the continued operations at Sellafield, a situation which has in Ireland's view, clearly not been the case to date.

Last week's formal warning on Sellafield is perhaps an indication of the Commission's intention to engage more proactively in this area. The Government's policy on Sellafield remains clear and unambiguous. Following my recent meetings with EU Commissioners Piebalgs and Frattini and Secretary of State Alan Johnson MP, both the Commission and the UK Government are in no doubt as to the strength of Irish feeling regarding the continued operation of the Sellafield plant. The Irish Government will continue to pursue all legal, political and diplomatic options to secure the safe and orderly closure of the Sellafield facility.